Patna High CourtCR. MISC./10645/2019bail granted

Kishore Sahani @ Kishori Sahani And ORS v. The State Of Bihar

2019-02-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10645 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- MANPUR District- West Champaran ======================================================

1. KISHORE SAHANI @ KISHORI SAHANI, S/o Sri Dhuri Sahani

2. Rajesh Rai, Son of Jamuna Rai

3. Bala Kumar, Son of Sri Badri Sahani Resident of Village- Pidari, P.S- Inarwa, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 10.09.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that the petitioners were apprehended on the Nepal border while entering into the Indian territory with three bags from which, 70 litres of Nepali country made liquor were recovered.

It is submitted by learned counsel for the petitioners that only on the basis of suspicion, the petitioners have been roped in the present case. It is further submitted that the

Patna High Court Cr.Misc. No.10645 of 2019(2) dt.22-02-2019 2/2 investigation has already been concluded and a statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the possession of the petitioners. Considering the fact that the investigation has already been concluded and the period under custody, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Bettiah, West Champaran, in connection with Manpur P.S. Case No. 55 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T