Vijay Poddar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5390 of 2018 Arising Out of PS.Case No. -694 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Vijay Poddar, S/o Bhasho Poddar,

2. Lal Babu Poddar S/o Late Ram Bahadur Poddar, Both R/o VillageBagha, Ward No. 24, P.S.- Begusarai Town (Lohianagar O.P.), DistrictBegusarai. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ravindra Kumar, Advocate. For the Opposite Party : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 17.12.2017 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 52.56 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioner no. 2 has got no criminal antecedent and petitioner no. 1 has got criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.5390 of 2018 (3) dt.27-02-2018 2/2 against the petitioners. It is alleged that total 52.56 liters wine is recovered from E-rickshaw in question. The name of the petitioners has come on the basis of alleged recovery made from E-rickshaw 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 A.D.J. 7th-cumSpecial Judge, Bihar Prohibition and Excise Act, 2016, Begusarai, in connection with Begusarai Town P.S. Case No. 694 of 2017. U.K./- (Sudhir Singh, J) U T