Mahadeo And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30352 of 2017 Arising Out of PS.Case No. -185 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Mahadeo, Son of Darwa Sahni,

2. Chandeshwar Rai, son of Kheru Rai, Both resident of VillageMachkatwa PS. Majorganj, Distt- Sitamarhi. .... .... Petitioners

Versus

The State of Bihar.

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

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

The petitioners are languishing in custody since 20.03.2017 in connection with C2/185/2017 for the offences instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that the informant alongwith the police forces on 19.03.2017 at 21 hours caught two persons who disclosed their names as petitioners and on search, recovered 18 liters of Nepali Saufi Wine from their possession. It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.03.2017 and the prosecution

Patna High Court Cr.Misc. No.30352 of 2017 (2) dt.07-07-2017 2/2 report has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioners. They have got no criminal antecedent. 18 liters of Nepali wine is said to have been recovered from joint 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 prosecution report. 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 A.D.J. II, Sitamarhi, in connection with C-2/185/17.

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