Om Prakash @ Happy Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60503 of 2017 Arising Out of PS.Case No. -365 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Om Prakash @ Happy Kumar

2. Rakesh Kumar @ Santu Kumar Both are S/o Lal Babu Prasad, resident of Village- Dariyapur, P.S.- Kadam Kuan, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the State : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Kadam Kuan P.S. Case No. 365 of 2017 instituted for the offences under Sections 30/38 of the Bihar Excise Act, 2016. The allegation is regarding recovery of 67.760 of foreign liquor from various places.

The learned counsel for the petitioners submits that no recovery has been made from the conscious possession of the petitioners, the petitioners have got a clean antecedent and they are in custody since 19.08.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioners have

Patna High Court Cr.Misc. No.60503 of 2017 (2) dt.21-12-2017 2/2 got a clean antecedent, I direct the petitioners named above to be released on regular bail on furnishing bail bond 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. 5182 of 2017 arising out of Kadam Kuan P.S. Case No. 365 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T