Vishwanath Baitha @ Dhobi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31188 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Vishwanath Baitha @ Dhobi.

2. Baleshwar Chero.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Arvind Kumar Pandey, Advocate. For the Opposite Party : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 08.05.2017 in connection with Nauhatta P.S. Case No. 37/2017 for the offences instituted under Sections 272, 273 of the IPC and 30(a)/34 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on secret information, the informant caught the petitioners and recovered 14 liters of Mahua wine from their possession.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 08.05.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. They

Patna High Court Cr.Misc. No.31188 of 2017 (2) dt.10-07-2017 2/2 have got no criminal antecedent. As per prosecution case, 14 liters of Mahua wine is said to have been recovered from possession of the petitioners. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been 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 bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge (Excise), Rohtas at Sasaram, in connection with Nauhatta P.S. Case No. 37/2017. U.K./- (Sudhir Singh, J) U T