Wakil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19366 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

WAKIL KUMAR Son of Dinesh Sahni, Resident of Village-Dharpur, P.SMinapur, District-Muzaffarpur. 2.

Alok Kumar, Son of Ram Nandan Sahni @ Ramanand Sahni, Resident of Village-Kundal, P.S-Tariyani Chhapra, District-Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Minapur P.S. Case No. 37 of 2019 for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/38/41 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 400 liters of spirit from a Maruti Omni vehicle and the petitioners were arrested while they were present at the place of occurrence on their motorcycle.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case

Patna High Court CR. MISC. No. 19366 of 2019(2) dt.05-04-2019 2/2 and it has been specifically stated in paragraph-7 of the petition that only the motorcycle in question belongs to petitioner no.1. It is further submitted that no recovery of the illicit liquor has been made from the motorcycle of the petitioners. It is further submitted that up to the filing of the present case, the petitioners were having clean antecedent. The petitioners are stated to be languishing in custody since 6.02.2019.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Minapur P.S. Case No. 37 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T