Patna High CourtCR. MISC./33707/2018allowed

Vikash Prakash And ANR v. The State Of Bihar

2018-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33707 of 2018 Arising Out of PS.Case No. -371 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Vikash Prakash , son of Badri Narayan Sao, resident of village- Rajauli, P.S.- Rajauli, District- Nawada.

2. Nitish Kumar, son of Babu Lal Prasad Yadav, resident of village- Badhi Khurdh, P.S.- Rajauli, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Excise Case No. 371 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and they are in custody since 24.03.2018. He further submits that the petitioners are neither the owner of the liquor nor the owner of the motorcycle. He further submits that the petitioners have been falsely implicated in the instant case. In fact, the petitioners were going to the house of their relatives on the occasion of marriage and on the basis of suspicion they have been made accused.

Patna High Court Cr.Misc. No.33707 of 2018 (2) dt.05-06-2018 2/2 Considering the fact that the petitioners have no criminal antecedent and have remained in custody for nearly 21⁄2 months, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Nawada in connection with Excise Case No.371 of 2018 (G.O. Case No. 119 of 2018).

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