Mithilesh Kumar @ Mithlesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59079 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- BASANHI District- Saharsa ======================================================

1. Mithilesh Kumar @ Mithlesh Kumar, S/o Suresh Yadav,

2. Guddu Kumar, S/o Prameshwar Yadav, Both are resident of Village- Manikpur Ward No. 5, P.S. Sour Bazar (O.P. Patarghat), District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. R. C. Thakur, Mr. Kamal Kishore Singh, Advocates For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 40 litres country made liquor was recovered from a motorcycle which was being driven by the petitioners. It is contended that nothing has been recovered from conscious possession of the petitioners. Petitioners claim that they are having clean antecedent and are in custody since 03.08.2018.

Having regard to the facts and the circumstances of

Patna High Court Cr.Misc. No.59079 of 2018(2) dt.06-10-2018 2/2 the case, the abovenamed petitioners are directed to be released on bail on their furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Saharsa in connection with Basnahi P. S. Case No. 81 of 2018. Further, if the petitioners, after their release in this case, are again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) Sanjay/- U T