Vishal Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36885 of 2016 Arising Out of PS.Case No. -209 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vishal Kumar son of Satyendra Singh resident of Village- Virta Chowk, P.S.- Ghorasahan, District- East Champaran

2. Ram Pravesh Ram @ Ram Pravesh Rai son of Hargen Ram resident of Village- Govindpur Tiwari Tola, P.S.- Jitna, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. 22 bottles, each containing 180 ml. Nepali liquor, are said to have been recovered from possession of the petitioners while they were going on motorcycle.

Submission on behalf of the petitioners is that mere possession of foreign liquor does not constitute an offence under the Bihar Excise (Amendment) Act, 2016. Moreover, petitioners are in jail custody since 25.06.2016 without having any criminal antecedent.

Accordingly, let the petitioners, above named, be

Patna High Court Cr.Misc. No.36885 of 2016 (2) dt.01-09-2016 2/2 released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Ghorasahan P.S.Case No. 209 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T