Patna High CourtCR. MISC./13829/2018bail granted

Sanjay Kumar And ANR v. The State Of Bihar

2018-03-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13829 of 2018 Arising Out of PS.Case No. -32 Year- 2018 Thana -BIHTA District- PATNA ======================================================

1. Sanjay Kumar, Son of Vinay Yadav,

2. Vidya Yadav, Son of Late Subalal Yadav, Both are Resident of VillageRaghopur, P.S.- Bihta, District- Patna. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Niraj Kumar, Advocate. For the Opposite Party : Mr. Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 12.01.2018 in a case for the offence registered under Sections 30(a) and 34 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 30 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. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 30 liters wine

Patna High Court Cr.Misc. No.13829 of 2018 (2) dt.09-03-2018 2/2 is recovered from the Tractor in question. The name of the petitioners has come on the basis of alleged recovery made from the Tractor. 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 Special Case No. 331 of 2018, arising out of Bihta P.S. Case No. 32 of 2018. U.K./- (Sudhir Singh, J) U T