Anil Kumar Gupta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61174 of 2017 Arising Out of PS.Case No. -219 Year- 2017 Thana -HUSAINGANJ District- SIWAN ======================================================
1. Anil Kumar Gupta, S/o Dani Sah, R/o Vill.- Ramnagar, P.S.- Siwan Town, District- Siwan.
2. Tipu Ansari @ Laddu S/o Dilsher Ansari, R/o Vill.- Jurkan, P.S.- Hussainganj, District- Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== 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 Husainganj (Siwan) P.S. Case No.219 of 2017 instituted for the offences under Sections 272, 273, 308, 414 and 420 of the Indian Penal Code and sections 41(1), 30, 36 and 38 of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 36 litres of liquor from the motorcycle of the petitioners. The learned counsel for the petitioners submits that the said recovery has in fact been made from an abandoned place
Patna High Court Cr.Misc. No.61174 of 2017 (2) dt.21-12-2017 2/2 and not from the motorcycle of the petitioners. It is further submitted that the petitioners have got a clean antecedent and they are languishing in custody since 13.08.2017.
Considering the nature of accusation, the period of custody already undergone and the fact that the petitioners have 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 Additional Sessions Judge-II, Siwan in connection with Hussainganj P.S. Case No.219 of 2017. (Mohit Kumar Shah, J) N.H./- U T