Dharmendra Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14495 of 2019 Arising Out of PS. Case No.-631 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

DHARMENDRA MAHTO Son of Indal Mahto R/V- Fulparasi, Ward No. 13, P.S.- Sahiyara, District- Sitamarhi.

2.

Amit Kumar Son of Anil Singh Residence of Village- Singarahiya, P.S.- Sahiyara, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh Shastriji(App ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-03-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Complaint Case No. C-2/631 of 2018/751 of 2018 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners would submit that petitioners have no criminal antecedent.

In the instant case total 972 liters of nepali liquor was seized from a Victa Car.

Learned counsel for the petitioners submits that liquor was seized from the Victa Car and not from the house of the

Patna High Court CR. MISC. No.14495 of 2019(2) dt.08-03-2019 2/2 petitioners.

Learned counsel further submits that petitioners are neither owner of the vehicle nor owner of the liquor. The petitioners are in custody since 4.12.2018. Considering the fact that petitioners have no criminal antecedent and are neither owner of the vehicle nor the liquor, let the petitioners, named above, be enlarged 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 A.D.J.IInd cum Special Judge Excise, Sitamarhi, in connection with Complaint Case No. C-2/631 of 2018/751 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T