Patna High CourtCR. MISC./17794/2019allowed

Krishna Prasad v. The State Of Bihar

2019-03-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17794 of 2019 Arising Out of PS. Case No.-386 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

KRISHNA PRASAD Son of Late Shyamlal Prasad Resident of Village - Badram, P.S.- Hussainganj, District - Siwan 2.

Santosh Kumar Pandey Son of Late Bachchan Pandey Resident of Village - Badram, P.S.- Hussainganj, District - Siwan 3.

Amarnath Ram Son of Binod Ram Resident of Village - Badram, P.S.- Hussainganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Hussainganj PS Case No. 386 of 2018 for the alleged offence punishable under Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation in the instant case is that total 34.600 liters of liquor was seized from the bush of the orchard of the petitioners. Learned counsel representing the petitioners submits that petitioners have no criminal antecedent. Petitioners have

Patna High Court CR. MISC. No.17794 of 2019(2) dt.26-03-2019 2/2 been made accused only on suspicion. They are in custody since 31.12.2018.

Considering the fact that petitioners have no criminal antecedent and have remained in custody for nearly three months, the application is allowed.

Accordingly, let the petitioners above-named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Hussainganj PS Case No. 386 of 2018.

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