Suraj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12969 of 2019 Arising Out of PS. Case No.-340 Year-2018 Thana- JOGBANI District- Araria ====================================================== 1.

Suraj Kumar, aged about 18 years (Male), Son of Kapildeo Sah, R/o villageKaluha, P.S- Jagbani, District- Araria 2.

Prakash Yadav, aged about 20 years (Male), Son of Jagdish Yadav, R/o village- Sahbajpur, P.S- Jagbani, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 26.12.2018 in a case registered for the offences punishable under Sections 30(a) and 38(I) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that the petitioners were found carrying 47 litres of illicit Nepali liquor on a motorcyle. It is submitted by learned counsel for the petitioners that the seizure list does not bear the signature of the apprehended petitioners and a statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Patna High Court CR. MISC. No.12969 of 2019(2) dt.05-03-2019 2/2 Learned APP submits that the recovery has been made from the petitioners.

Considering the fact that the seizure list does not bear the signature of the petitioners, coupled with the statement made in paragraph 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 2nd Additional Sessions Judge cum Special Judge, Araria in connection with Jogbani P.S. Case No. 340 of 2018, corresponding to Special Case No. 1682 of 2018. (Dinesh Kumar Singh, J) DKS/- U T