Sukendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15614 of 2020 Arising Out of PS. Case No.-482 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

SUKENDRA RAI Son of Shyambihari Rai @ Shyamabihari Rai Resident of Village-Pathlatiya, P.S.-Bihta, District-Patna. 2.

Lamha Ray @ Lala Saheb Ray Son of Late Singhashan Ray Resident of Village-Pathlatiya, P.S.-Bihta, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 600 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.1.2020 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 600

Patna High Court CR. MISC. No.15614 of 2020(2) dt.06-03-2020 2/2 liters wine is recovered from the open field. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 4360 of 2018 arising out of Bihta P.S. Case No. 482 of 2018.

(Sudhir Singh, J) Pankaj/- U T