Patna High CourtCR. MISC./26035/2017bail granted

Raj Kumar Singh And ANR v. The State Of Bihar

2017-07-05Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26035 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Raj Kumar Singh, Son of Bipin Bihari Singh, resident of VillageChanda Kewatiya, P.S. Bihiya, District- Bhojpur.

2. Satish Tiwari, Son of Bedanand Tiwari, resident of Village- Dhamwal, P.S.- Sahpur, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in custody since 01.03.2017 in connection with Gaya Excise Case No. 92/17 for the offences alleged under Section 30(a) of the Excise Act. The prosecution case, as lodged by the Sub-Inspector of Excise, is that on checking of vehicles while on duty 270 litres of 3X Rum was found. Accordingly, a seizure-list was prepared and the petitioners were arrested.

It has been submitted by the learned counsel for the petitioner that they are innocent, bear no criminal history and that the vehicle does not belong to them and nothing has been

Patna High Court Cr.Misc. No.26035 of 2017 (2) dt.05-07-2017 2/2 recovered from their conscious possession. He submits that the provision of Section 100 Cr.P.C. has not been adhered to. However, learned A.P.P. for the State opposes the prayer for bail.

Be that as it may, considering the period of custody, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya, in connection with Gaya Excise Act Case No. 92/17.

(Nilu Agrawal, J) Rajesh/- U T