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Patna High CourtCR. MISC./40522/2018allowed

Sahraj Khan @ Sahraj Khan And ANR v. The State Of Bihar

2018-07-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40522 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ======================================================

1. Sahraj Khan @ Sahraj Khan, son of Mohd. Umar, resident of Village- Kayamganj, Police Station- Kayam Ganj, DistrictFarukabad (U.P.).

2. Samim Ahmad, son of Jamil Ahmad, resident of VillageDodhpur Aligarh, Police Station- Civil Line Aligarh, DistrictAligarh (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2018 Heard the learned counsel for the petitioners and State.

The petitioner are in custody in connection with Kuchaikote P.S. Case No. 147 of 2018 for the offence under Sections 188, 272, 273, 420 of the Indian Penal Code and Sections 30(a)(b)(c), 38, 41(a)(b) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and petitioners are in custody in connection with seizure of 243 liters of liquor. Learned counsel submits that petitioner no.1 is the driver and petitioner no.2 was accompanying the driver and the car which

Patna High Court Cr.Misc. No.40522 of 2018(2) dt.10-07-2018 2/2 was intercepted by the police and the aforesaid liquor was seized. Learned counsel submits that petitioners was not aware of the fact that in the car liquor was kept. Learned counsel further submit that petitioners are in custody since 24.05.2018. Considering the fact that the petitioners have no criminal antecedent, and are in custody since 24.05.2018, 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Kuchaikote P.S. Case No. 147 of 2018.

(Anil Kumar Upadhyay, J.) Rajiv/- U T