Sarwan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45745 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================

1. Sarwan Kumar son of Jeebach Yadav Resident of Village- Sarouni, Police Station- Mahesi, District- Saharsa.

2. Shiv Kumar son of Late Parmeshwari Yadav Resident of VillageMohaniya, P.S.- Simri Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-10-2016 Heard.

Earlier prayer for bail of the petitioners was rejected by this court but submission on behalf of petitioners is that petitioners are driver and Khalasi respectively. The occurrence took place prior to coming into force of new amended Excise Act and, therefore, the maximum punishment for the offence of the petitioners is only up to three years. It is further submitted that petitioners do not have any criminal antecedent and are languishing in jail custody since 23-03-2016. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.45745 of 2016 (2) dt.26-10-2016 2/2 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Gopalganj P.S. Case No. 70 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. (Hemant Kumar Srivastava, J) A.K.V./- U T