Ashif Ali And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16861 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- PANJWARA District- Banka ====================================================== 1.

ASHIF ALI Son of Salamat Ali @ Salamat Ansari Resident of Village - Bari Aliganj, P.S.-Pakur, District - Pakur (Jharkhand) 2.

Neeraj Gupta Son of Dhruv Gupta Resident of Village - Bari Aliganj, P.S.- Pakur, District - Pakur (Jharkhand) 3.

Neelam Devi Wife of Ashif Ali Resident of Village - Bari Aliganj, P.S.- Pakur, District - Pakur (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections-30(a) & 32(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 100 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 26-12-2018.

Patna High Court CR. MISC. No.16861 of 2019(3) dt.10-04-2019 2/2 Charge sheet in this case has already been submitted. The name of the petitioner has transpired in this case as the recovery was made from the campus of petitioner's neighbour, Tuntun Singh. 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.

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 learned Additional Sessions Judge-II, Banka in connection with Panjawara P.S. Case No. 126 of 2018.

(Sudhir Singh, J) A.K.V.//- U T