Deepak Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13588 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== 1.

DEEPAK KUMAR AND ORS Son of Siyalal Mahton Resident of VillageSalkhua Goath, Police Station- Salkhua, District- Saharsa. 2.

Vakil Kumar @ Vakil Yadav Son of Pulendra Yadav Resident of VillageKopariya, Police Station- Salkhua, District- Saharsa. 3.

Vikash Kumar @ Vikash Yadav Son of Chalitar Yadav Resident of VillageKopariya, Police Station- Salkhua, District- Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr. Navin Kumar Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody in connection with Salkhua P.S. Case No. 12 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that in the instant case total 108 liters of foreign liquor was seized from Pick-Up Van. Learned counsel for the petitioners further submits that nothing was recovered from the physical or conscious

Patna High Court CR. MISC. No.13588 of 2019(2) dt.06-03-2019 2/2 possession of the petitioners or from their house. He submits that seizure was made in front of house of Manwod Kumar not from these petitioners. Learned counsel for the petitioners would submit that petitioners have no criminal antecedent and they are in custody since 11.01.2019.

Considering the fact petitioners have no criminal antecedent and nothing was recovered from the conscious possession of the petitioners, let the petitioners named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise Act, Saharsa, in connection with Salkhua P.S. Case No. 12 of 2019, corresponding to Special (Excise) Case No. 28 of 2019. (Anil Kumar Upadhyay, J) T.Kr./- U T