Patna High CourtCR. MISC./54743/2017bail granted

Shrawan Kumar And ANR v. The State Of Bihar

2017-11-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54743 of 2017 Arising Out of PS. Case No.-135 Year-2017 Thana- MANER District- Patna ====================================================== 1.

Shrawan Kumar, s/o Banarsi Rai

2. Manoj Kumar @ Manoj Kumar Yadav, S/o Ram Babu Rai Both R/o Village- Brahmchari, P.S. Maner, District, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Mishra For the Opposite Party/s :

Mr. GANESH PRASAD SINGH ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for offences punishable under Sections 290 of I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. It is contended that, as per allegation, 70 litres of country made Mahua liquor was recovered from a Gumti. Allegation against the petitioners is that after seeing the police party, they escaped from the place. It is urged that nothing has been recovered from the personal/physical possession of the petitioners and their names stand recorded in the F.I.R. only on the basis of suspicion or information allegedly supplied by certain persons. Petitioners claim that they are having clean

Patna High Court Cr.Misc. No.54743 of 2017(2) dt.23-11-2017 2/2 antecedent. It is further contended that petitioner no.1 surrendered on 25.08.2017 and petitioner no.2 surrendered on 21.08.2017. Thus, it is contended that both of them have completed about 3 months period in incarceration. Having regard to the facts and the circumstances of the case, the abovenamed petitioners are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge (Excise), Patna in connection with Maner P.S. Case No. 135/17 (Special Case No.5284/17). Further, if the petitioners, after their release in this case, are again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) Sanjay/- U T