Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8754 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

MITHUN KUMAR Son of Late Umesh Yadav Resident of Village - Dhandhi Belari, P.S.- Bath, Dist.- Bhagalpur at Present Reside at Mausinpur Near Corporation Bank, P.S.- Khushrupur, Dist.- Patna. 2.

Sintu Kumar Son of Lala Singh Resident of Village - Mausinpur, Near Corporation Bank, P.S.- Khushrupur, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 Petitioners seek bail in connection with Special Case No. 11406 of 2019, arising out of P.R. Case No. 281 of 2019, registered for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 170.800 litres of liquor from a tempo and petitioners were arrested from there. Submission of learned counsel for the petitioners is that they have falsely been implicated, having no criminal antecedent and they are only passengers and nothing to do with the seized article and they are in custody for more than two months and prosecution report has already been submitted, as

Patna High Court CR. MISC. No.8754 of 2020(2) dt.28-02-2020 2/2 such there is no chance of tampering with the evidence. Heard learned APP also.

In view of above facts and circumstances, let petitioners be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Special Case No. 11406 of 2019, arising out of P.R. Case No. 281 of 2019. (Vinod Kumar Sinha, J) spal/- U T