Naresh Roy And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9999 of 2018 Arising Out of PS.Case No. -32 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================

1. Naresh Roy, Son of Late Ganga Yadav @ Ganga Ray, Resident of Village- Bhupatipur, Police Station- Beur, District- Patna.

2. Dhiraj Kumar, Son of Keshav Prasad, Resident of Village- Sipara, Police Station- Beur, District- Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Manish Kumar No-2, Advocate. For the Opposite Party : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 12.01.2018 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 104.760 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 104.760 liters

Patna High Court Cr.Misc. No.9999 of 2018 (2) dt.20-02-2018 2/2 wine is recovered from the car in question. The car in question does not belong to the petitioners. The name of the petitioners has come as the petitioner no. 1 was alleged to be driver of the vehicle and petitioner no. 2 was said to be co-passenger in the vehicle in question. 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/ Complaint Case. 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 the learned Special Judge, Excise, Gaya, in connection with Barachatti P.S. Case No. 32 of 2018.

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