Rajesh Prasad And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.17586 of 2017 (2) dt.27-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17586 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajesh Prasad, Son of Late Gopal Prasad, Resident of Village- Lauriya Bazar, P.S. Lauriya, District West Champaran.

2. Sonu Kumar, Son of Kedar Prasad, Resident of Village- Sugauli, P.S. Sugauli, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Shikarpur P.S. Case No. 46 of 2017, registered under Sections 30(a), 30(c), 38(i), 38(ii) and 41(i) of the Bihar Excise Amendment, Act, 2016. The accusation is that, in course of patrolling duty, Kamlesh Prasad and Bikash Kumar were apprehended by the police and on search, 29 bottles each containing 180 ml and 16 bottles each containing 375 ml of Indian made foreign liquor were recovered from them, who disclosed the name of both petitioners saying that they used to help in the business of selling the liquor.

Patna High Court Cr.Misc. No.17586 of 2017 (2) dt.27-04-2017 Learned counsel for the petitioners submits that petitioners were not apprehended by the police at the spot rather their names have been disclosed by Kamlesh Prasad and Bikash Kumar, except that there is nothing against the petitioner showing their involvement in the present case. It is further submitted that petitioners have no criminal antecedent and are in custody since 06.02.2017.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 46 of 2017. Out of two sureties, one surety must be the close relative of the petitioners.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T