Mithun Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.90 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -CHANDAN District- BANKA ======================================================

1. Mithun Kumar, Son of Manoj Mandal, resident of VillageNarayanpur, P.S.- Sultanganj, District- Bhagalpur.

2. Dinesh Kumar, Son of Shiv Mandal, resident of Village- Baikunthpur, P.S.- Sultanganj, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Chandan P.S. Case No. 171 of 2017 instituted for the offences under Sections 30(a), (g) and 32(2) of the Bihar Prohibition & Excise Act, 2016.

The allegation is regarding recovery of 22.5 litres of illicit liquor from beneath the seat of the vehicle which was being driven by the petitioner no. 1 while the petitioner no. 2 was sitting in the said car.

The learned counsel for the petitioners submits that the owner of the car had asked the driver and khalashi who are petitioners herein to get the car serviced and in the meantime they

Patna High Court Cr.Misc. No.90 of 2018 (2) dt.18-01-2018 2/2 were apprehended. In fact recovered illicit liquor had been kept inside the seat of the vehicle, hence the petitioners were not having knowledge about the same. It is submitted that the petitioners have a clean antecedent and they are in custody since 01.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioners are having a clean antecedent, I deem it fit and proper to enlarge the petitioners above named 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 A.D.J.-II, Banka in connection with Chandan P.S. Case No. 171 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T