Patna High CourtCR. MISC./29814/2018bail granted

Harihar Bhagat And ANR v. The State Of Bihar

2018-05-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29814 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Harihar Bhagat, Son of Late Saryug Bhagat,

2. Shatrughan Prasad, Son of Sri Harihar Bhagat, Both are resident of Village- Tengrari, P.S.- Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-05-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Siwaipatti P.S. Case No. 16/18 for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30 (A) , 38, 41 and 48 of the Bihar Prohibition & Excise Act. The allegation is regarding recovery of 2982.6 liters of illicit liquor.

The learned counsel for the petitioners submits that the petitioners are not the owner of the vehicle / truck from which recovery has been made. It is further submitted that similarly situated co-accused persons have already been granted bail by this Court vide order dated 03.05.2018 passed in Criminal Misc. No.

Patna High Court Cr.Misc. No.29814 of 2018 (2) dt.21-05-2018 2/2 26018 of 2018 and vide order dated 30.04.2018 passed in Criminal Misc. No. 26133 of 2018. It is submitted that the petitioners are languishing in custody since 26.02.2018.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in connection with Siwaipatti P.S. Case No. 16/18.

(Mohit Kumar Shah, J) S.Sb/- U T