Patna High CourtCR. MISC./61403/2017bail granted

Vinay Kumar Chauhan And ANR v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61403 of 2017 Arising Out of PS.Case No. -355 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Vinay Kumar Chauhan, S/o Binda Chauhan , R/o Vill.- Galla Mandi, P.S.- Siwan Town, District- Siwan.

2. Sanjit Kumar S/o Munna Chaudhary, R/o Vill.- Mzchali Hata Bajar, P.S.- Siwan Town, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Kateya PS case no. 355 of 2017 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 285.12 ltrs. of foreign liquor from a Scorpio vehicle which was being driven by petitioner no. 1 and the petitioner no. 2 was sitting in the said vehicle.

The learned counsel for the petitioners submits that petitioners are neither the owner of the said vehicle nor any

Patna High Court Cr.Misc. No.61403 of 2017 (2) dt.21-12-2017 2/2 recovery has been made from their conscious possession. It is further submitted that as far as petitioner no. 1 is concerned, he has got clean antecedent while against petitioner no. 2, one case is pending on same and similar allegation. It is further submitted that petitioners are in custody since 23.11.2017.

Considering the nature of accusation and the period of custody undergone, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Addl District and Sessions Judge-II Gopalganj in connection with Kateya PS case no. 355 of 2017. (Mohit Kumar Shah, J) rinkee/- U T