Patna High CourtCR. MISC./12411/2019bail granted

Rajesh Kumar Sao And ANR v. The State Of Bihar

2019-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12411 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Rajesh Kumar Sao Son of Suresh Sao Resident of Village - Sarugaru, P.S.- Katkamsandi and District - Hazaribagh (Jharkhand) 2.

Dhirendra Sen Suman Son of Late Tapeshwar Saw Resident of Village - Sarugaru, P.S.- Katkamsandi and District - Hazaribagh (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section-30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018/Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 210 liters spirit is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 05-01-2019.

Patna High Court CR. MISC. No.12411 of 2019(3) dt.12-04-2019 2/2 It is alleged that 210 liters spirit is recovered from the vehicle in question. The petitioners are driver and cleaner of the vehicle in question. They were not aware of the nature of goods booked by the transporter. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Excise P.S. Case No. 06 of 2019.

(Sudhir Singh, J) A.K.V.//- U T