Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19285 of 2020 Arising Out of PS. Case No.-415 Year-2019 Thana- DESARI District- Vaishali ====================================================== 1.

Sanjay Kumar S/o Surendra Das R/o village- Jafarabad Tok, P.S.- Raghopur, District- Vaishali 2.

Suraj Kumar S/o Shivjee Paswan R/o village- Panapur Kayam, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-06-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Desari P.S. Case No. 415 of 2019 for the offence under section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

In the instant case total 200 liters of country made wine was allegedly seized from the possession of the petitioners.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.19285 of 2020(3) dt.03-06-2020 2/2 liquor was not seized from the conscious possession of the petitioners.

The petitioners are in custody since 21.12.2019. Considering the fact that petitioners have no criminal antecedent, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cumSpecial Judge,Excise, Vaishali at Hajipur, in connection with Desari P.S. Case No. 415 of 2019 subject to the condition that on release the petitioners shall render their service for a period of two months as volunteer in Covid-19 hospital and they are required to report to the district Nodal Officer who shall utilize the service of the petitioners.

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