Sandesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11205 of 2019 Arising Out of PS. Case No.-439 Year-2018 Thana- MAIRWAN District- Siwan ======================================================

1. Sandesh Kumar Son of Hari Prasad

2. Dhanu Kumar Son of Late Laxmi Prasad Both Resident of Village - Barhan Gopal, P.S. Siwan Muffasil, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-02-2019 Heard learned counsel for the petitioners and the State.

The petitioners are in custody in connection with Mairwa P.S. Case No. 439/2018, for the offence under Sections 272, 273, 308 and 34 of the Indian Penal Code and sections 30(a), 38(i) and 41(i) of the Bihar Prohibition & Excise Act. Learned counsel for the petitioners submits that in the instant case 26 litres of liquour was seized from the Scooty. Mandatory provision of section 100 Cr.P.C. was not followed. The petitioners are in custody since 13.11.2018. Considering the fact that the petitioners have remained in custody for more than three months, the petitioners named above, are directed to be released on bail on furnishing

Patna High Court Cr.Misc. No.11205 of 2019(2) dt.25-02-2019 2/2 bail bonds of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge II-cum-Special Judge Excise, Siwan in connection with Mairwa P.S. Case No. 439/2018. (Anil Kumar Upadhyay, J) vinita/- U