Patna High CourtCR. MISC./13715/2019allowed

Manoj Ram And ANR v. The State Of Bihar

2019-03-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13715 of 2019 Arising Out of PS. Case No.-460 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

MANOJ RAM S/o Late Bhuteli Ram Resident of Village- Tikuliya, P.S.- Muffasil, Motihari, District- East Champaran. 2.

Kishundeo Ram S/o Late Mahendra Ram Resident of Village- Tikuliya, P.S.- Muffasil, Motihari, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr.Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Chiraiya PS Case No.460 of 2018 for the alleged offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

In the instant case, total 189 litres of illicit liquor was seized from Wagon R four-wheeler vehicle. Learned counsel representing the petitioners submits that petitioners have no criminal antecedent and nothing was recovered from conscious possession of the petitioners. He further submits that petitioner

Patna High Court CR. MISC. No.13715 of 2019(2) dt.06-03-2019 2/2 no. 1 is the driver of the four wheeler and he was not aware of the fact that liquor was kept inside the vehicle. Petitioner no.2 was inside the car and he took lift on the way. Petitioners are in custody since 25.12.2018.

Considering the fact that petitioners have no criminal antecedent and they are in custody since 25.12.2018 this application is allowed. Accordingly, 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 Special Judge, Excise, Motihari, East Champaran in connection with Chiraiya PS Case No. 460 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T