Patna High CourtCR. MISC./14815/2018bail granted

Vijay Rai And ANR v. The State Of Bihar

2018-03-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14815 of 2018 Arising Out of PS.Case No. -42 Year- 2017 Thana -AKILPUR District- PATNA ======================================================

1. Vijay Rai, S/o Sri Mahesh Rai,

2. Sanjeev Rai @ Sanjeev Kumar, S/o Rajnath Rai. Both are resident of Village- Bariyar Chak, P.S.- Nayagaon, District- Chhapra. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Md. Mushtaque Alam, Advocate. For the Opposite Party : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 17.12.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that approximately 32 liters wine is said to have been recovered. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.14815 of 2018 (2) dt.15-03-2018 2/2 implicated in the present case. It is alleged that approximately 32 liters wine is recovered from the motorcycles of the petitioners. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. 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 the learned Special Judge, Excise, Patna, in connection with Akilpur P.S. Case No. 42/2017 (Special Case No. 9294/2017).

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