Patna High CourtCR. MISC./14008/2019bail granted

Ashok Kumar And ANR v. The State Of Bihar

2019-03-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14008 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== 1.

ASHOK KUMAR Son of Sabit Lal Yadav Resident of Village- Bhelwa, Ward No. 07, P.S.- Saharsa, District- Saharsa. 2.

Shankar Yadav @ Sachindra Yadav Son of Late Muchuk Lal Yadav Resident of Village- Bhajanpatti/Baijnath Patti, Ward No. 11, P.S.- Saharsa, DistrictSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 14.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 18 litres of Indian made foreign liquor were recovered from the motorcycle on which the petitioners were found riding.

It is submitted by learned counsel for the petitioners that apart from the present case which has maliciously been lodged against the petitioners for the first time, they are not having any criminal antecedent. A statement to that effect has

Patna High Court CR. MISC. No.14008 of 2019(2) dt.07-03-2019 2/2 been made in paragraph no.3 of the petition.

Learned APP for the State submits that the recovery has been made from the possession of the petitioners. Considering the quantity of recovery 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 Act, Saharsa in connection with Special Case No. 32 of 2019.

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