Amit Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62785 of 2017 Arising Out of PS.Case No. -317 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Amit Kumar S/o Lutan Tanati, Resident of Village- Meer Bigha, P.S.- Warsaliganj, District- Nawada.
2. Raju Kumar, Son of Shri Ram Narayan Prasad, Resident of VillageSimli Nababganja, P.S.- Malsalami, District- Patna. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek bail in a case instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that 340 liters of wine is recovered from the car in question.
The petitioners are in custody since 16.10.2017. Charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 340 liters of wine is recovered from the car in question. The petitioner no.1 was driver and the petitioner no.2
Patna High Court Cr.Misc. No.62785 of 2017 (2) dt.12-01-2018 2/2 was co-passenger of the vehicle in question. They had no knowledge regarding the alleged liquor being kept in the car in question. The car in question does not belong to the petitioners. There is no compliance of Section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-7th-cum-Special Judge, Excise, Begusarai, in connection with S. Kamal P.S. Case No.317/2017. (Sudhir Singh, J) Amit/- U T