Patna High CourtCR. MISC./6793/2019allowed

Dilip Kumar Singh @ Pappu And ANR v. The State Of Bihar

2019-02-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6793 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- GURUA District- Gaya ======================================================

1. DILIP KUMAR SINGH @ PAPPU (Male) Son of Bameshwar Prasad Singh @ Bameshwar Singh Resident of Village - Dariora, Police Station- Gurua, District- Gaya.

2. Subham Kumar Singh (Male) Son of Manoj Kumar Resident of Village - Dariora, Police Station- Gurua, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-02-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody in connection with Gurua P.S. Case No. 248 of 2018, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioner have no criminal antecedent. Learned counsel for the petitioners further submits that in the instant case total 280 liters Mahua liquor was seized. Learned counsel for the petitioners further submits that petitioners were simply passengers and have absolutely no concern with the liquor in question. The vehicle

Patna High Court Cr.Misc. No.6793 of 2019(2) dt.06-02-2019 2/2 does not belong to the petitioners, they were not even the driver or Khalasi of the Scorpio. He submits that petitioners are in custody since 23.12.2018.

Considering the fact that the petitioners have no criminal antecedent, let the petitioners named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise Act, Gaya in connection with Gurua P.S. Case No. 248 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T