Sintu Kumar @ Sachin Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8810 of 2019 Arising Out of PS. Case No.-310 Year-2018 Thana- BOCHAHAN District- Muzaffarpur ======================================================

1. Sintu Kumar @ Sachin Kumar Son of Bhupnarayan Ray Resident of VillageMahuli @ Chaumukh, P.S.- Hathauri, District - Muzaffarpur

2. Kanhai Chaudhary @ Kanhaiya Kumar Son of Shayam Chaudhary Resident of Village-Devgan, P.S.- Bochahan, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-02-2019 Learned counsel for the petitioners is permitted to make correction in the first para of the bail petition during the course of the day.

The petitioners seek bail in anticipation of their arrest in connection with Bochahan P.S. Case No. 310/2018 dated 22.11.2018 instituted for the offences under Sections 272, 273 and 120(B) of the Indian Penal Code and sections 30(a), 38, 41, 44, 45, 47 and 48 of the Bihar Prohibition & Excise Act.

1497.96 litres of liquour is said to have been recovered from a truck. The petitioner has not claimed

Patna High Court Cr.Misc. No.8810 of 2019(2) dt.14-02-2019 2/3 the ownership of the truck or the consignment of the liquour. Two of the accused persons namely, Hari Rai and Vivek Kumar were arrested by the police, who disclosed that the petitioners were also present along with them, but ran away on seeing the police party. Learned counsel for the petitioners has submitted that there is no recovery from the possession of the petitioners or from their constructive possession and they have not been made accused in any case earlier than the present case.

Considering the aforestated facts, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Bochahan P.S. Case No. 310/2018,

Patna High Court Cr.Misc. No.8810 of 2019(2) dt.14-02-2019 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) vinita/- U T