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Patna High CourtCR. MISC./46266/2017bail granted

Bittu Kumar Sharaf @ Bittu Kumar Saraf And ORS v. The State Of Bihar

2017-10-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46266 of 2017 Arising Out of PS. Case No.-232 Year-2017 Thana- SUGAULI District- East Champaran ====================================================== 1.

Bittu Kumar Sharaf @ Bittu Kumar Saraf, 2.

Sunni Kumar Saraf @ Sani Kumar Saraf @ Sunni Kumar 3.

Masum @ Golu @ Golu Kumar (Masum Kumar).

All Sons of Chau Saraf, All R/o Mai Sthan, Sugauli, P.S.- Sugauli, District- East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Dhurendra Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Sugauli . P.S. Case No.232 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail, in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that nothing was recovered from the conscious possession of the petitioners, rather in the present case, it was alleged that four persons were standing carrying a bag, in which about three liters 600 ml. Nepali country made liquor was there and after

Patna High Court Cr.Misc. No.46266 of 2017(2) dt.17-10-2017 2/2 noticing the police, the accused persons fled away. He further submits that only on suspicion, petitioners were made accused. Considering the fact that the petitioners are having clean antecedent as well as the fact that the petitioners' name has come only on suspicion and clean antecedent of the petitioners, let the aforesaid three petitioners, namely, 1. Bittu Kumar Sharaf @ Bittu Kumar Saraf 2. Sunni Kumar Saraf @ Sani Kumar Saraf @ Sunni Kumar 3. Masum @ Golu @ Golu Kumar (Masum Kumar), in the event of their arrest or surrender within six weeks from today, be released 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 the learned Special Judge, Excise Act, East Champaran, Motihari in connection with Sugauli P.S. Case No.232/2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T