Sukhari Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14327 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Sukhari Sahani, Son of Bholi Sahani, Resident of Village - Jankinagar, P.s.- Mejorganj, Distt.- Sitamarhi.

2.

Manoj Sahani, Son of Raji Sahani, Resident of Village - Jankinagar, P.S.- Mejorganj, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 08.01.2019 in a case registered for the offence punishable under Sections 272 and 273 of the I.P.C. and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the bag being carried by the petitioners, 18 litres of illicit Nepali country made liquor namely, Soufi were recovered.

It is submitted by learned counsel for the petitioners that there is nothing on record to suggest that the seized material has

Patna High Court CR. MISC. No.14327 of 2019(2) dt.08-03-2019 2/2 been transmitted to the FSL for its medical examination. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is submitted by the learned counsel for the State that the recovery has been made from the possession of the petitioners. Considering the quantity of recovery and period under custody, coupled with the statement made in paragraph no.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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Majorganj P.S. Case No. 08 of 2019. (Dinesh Kumar Singh, J) Deepak/- U T