Vivek Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16283 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- GUTHANI District- Siwan ====================================================== 1.

Vivek Kumar, Son of Harimohan Sah @ Harimohan Gupta Resident of Village - Patar, P.S.- Raghunathpur, District - Siwan 2.

Ram Deyal Chauhan Son of Late Sheonath Chauhan Resident of Village - Toka Narayanpur, P.S.- Darauli, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Learned counsel for the petitioners is permitted to make necessary correction in the petition.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 16.01.2019 in a case registered for the offences punishable under Sections 30(a), 38(1) and 41(1) of Bihar Prohibition and Excise Act, 2016.

It is alleged that from the possession of the petitioners, 21.360 litres of illicit Indian Made Liquor were recovered.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.16283 of 2019(2) dt.15-03-2019 2/2 that the petitioners have falsely been roped in the present case and a statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the recovery has been made from the possession of the petitioners.

Considering the nature of recovery and a statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners 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 learned Additional Sessions Judge II cum Special Judge, Excise, Siwan in connection with Guthani P.S. Case No. 12 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T