Mithlesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19418 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ======================================================

1. Mithlesh Singh, S/o Nawal Kishor Singh,

2. Chiku Kumar S/o Barun Prasad Yadav,

3. Ranjeet Kumar S/o Laleshwar Yadav, All R/o Ratu Road , P.S.- Gonda, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-04-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners seek bail in connection with Excise (Dobhi) P.S. Case No. 93 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the excise officials, is that during patrolling, a tempo was intercepted and from the tempo 82.500 litres of foreign liquor was recovered. Petitioner no. 2 was the driver and petitioner nos. 1 and 3 were also found sitting in the said tempo. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.19418 of 2018(2) dt.24-04-2018 2/3 It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. He submits that they are languishing in judicial custody since 28.02.2018 and have been sufficiently punished.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Gaya in connection with Excise (Dobhi) P.S. Case No. 93 of 2018, subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners.

(2) The petitioners will cooperate with the investigation / trial and provide all necessary information, failing which the

Patna High Court Cr.Misc. No.19418 of 2018(2) dt.24-04-2018 3/3 prosecution will be at liberty to move the learned Court below for cancellation of their bail bonds.

(Nilu Agrawal, J.) Arjun/- U T