Mukesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13890 of 2018 Arising Out of PS. Case No.-189 Year-2017 Thana- AMNAUR District- Saran ======================================================

1. Mukesh Singh, son of Jai Narayan Singh, Resident of VillageAmnaur Aguwan, P.S.- Amnaur, District- Saran at Chapra.

2. Munna Prasad Kushwaha @ Munna Prasad, son of Ramesh Prasad Kushwaha, Resident of Village- Amnaur Marharaua, P.S.- Amnaur, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 272, 273, 420 & 120(B) of the Indian Penal Code and Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2662 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 24.01.2018 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of

Patna High Court Cr.Misc. No.13890 of 2018(3) dt.02-04-2018 2/2 witnesses alleged against the petitioners. It is alleged that 2662 liters wine is recovered from the truck in question. There is no compliance of Section 100 Cr.P.C. Co-accused Rajendra Singh has been granted bail vide order dated 19.03.2018 passed in Cr. Misc. No. 8360 of 2018 while co-accuseds Murari Singh and Santosh Kumar Singh @ Santosh Singh have been granted anticipatory bail vide order dated 20.03.2018 passed in Cr. Misc. No. 12009 of 2018.

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, 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 6th A.D.J.-cum- Special Court, Excise Act, Saran at Chapra in connection with Amnaur P.S. Case No. 189 of 2017. (Sudhir Singh, J) Pankaj/- U T