Shahjahan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14503 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -DAGARUA District- PURNIA ======================================================

1. Shahjahan, Son of Late Tafejul,

2. Kaisar Alam @ Kasher, Son of Tajemul, Both resident of Village- Dal Basti, Panjipara, P.S.- Gwalpokhar, Distt- Uttar Dinazpur (W.B.) .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offence under Sections-272 & 273 of the IPC and Section-30(a) of Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 202.5 litres wine is recovered.

It has been submitted on behalf of the petitioners that petitioners are in custody since 31-12-2017 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses against the petitioners. It is alleged that 202.5 litres wine is recovered from a car, in question. There is no compliance of Section-100 Cr.P.C. On behalf of the State, it is submitted that petitioners are

Patna High Court Cr.Misc. No.14503 of 2018 (2) dt.15-03-2018 named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that 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 3rd Additional District & Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Dagarwa P.S. Case No. 222 of 2017 giving rise to Special Excise Case No. 3170 of 2017. (Sudhir Singh, J) A.K.V./- U T