Patna High CourtCR. MISC./32537/2018allowed

Jitendra Kumar 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.32537 of 2018 Arising Out of PS. Case No. -119 Year- 2018 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Jitendra Kumar, S/o Harendra Rai, R/o Kalighat, Kila Road, P.S.- Chowk, Patna City, District- Patna.

2. Dipu Rai @ Dipu Kumar, S/o Bhagwan Rai @ Bhagwan Lal Rai, R/o Kalighat, Kaua Khot, P.S.- Chowk, Patna City, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, 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 Special Case No. 3067 of 2018, arising out of Patna City Chowk P.S. Case No. 119 of 2018 for the offence under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. He further submits that 27 litres of liquor was seized from a motorcycle, which does not belong to the petitioners. He further submits that the petitioners are in custody since 02.04.2018.

Considering the fact that the liquor was recovered from a motorcycle, which does not belong to these petitioners

Patna High Court Cr.Misc. No.32537 of 2018 (2) dt.05-06-2018 2/2 and the petitioners have no criminal antecedent and have remained in custody for more than two 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 Special Judge, Excise, Patna in connection with Special Case No. 3067 of 2018, arising out of Patna City Chowk P.S. Case No. 119 of 2018.

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