Guddu Kumar @ Nandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24173 of 2017 Arising Out of PS.Case No. -239 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Guddu Kumar @ Nandan Kumar Son of Sri Prem Nath Prasad

2. Sanjay Sah, Son of Sri Mohan Sah Both Resident of Janakpur Road, Pupari, P.S.- Pupari, District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioners and the State. Petitioners seek bail in Town P.S. Case No. 239 of 2017 instituted for the offence under Sections-290, 353/34 of the Indian Penal Code and 30(a)/37(b), 45 of the Bihar Prohibition and Excise Act, 2016.

It is alleged that police found these petitioners taking wine in front of Garib Asthan. It is further alleged that 250 gms. of foreign liquor in a plastic bottle was recovered from possession of the petitioners.

It has been submitted on behalf of petitioners that no breath analyser test was conducted on the petitioners to find out whether they have taken liquor or not. Petitioners are in custody

Patna High Court Cr.Misc. No.24173 of 2017 (2) dt.22-05-2017 2/2 since 22-04-2017.

In such circumstances, the prayer for bail is allowed and the petitioners named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Town P.S. Case No. 239 of 2017 to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur subject to condition that both the bailors should be close relatives of the petitioners. (Sanjay Priya, J) A.K.V./- U T