Bablu Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62125 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -AMBA District- AURANGABAD ======================================================

1. Bablu Pandey, Son of Dhananjay Pandey,

2. Rakesh Kumar Pandey, Son of Ashok Pandey, Both are residents of Village- Pandey Bigha, P.S.- Amba, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Alka Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Amba P.S. Case No. 83/2018, instituted for the offences under Sections 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that total 600 pouches, each containing 200ml of illicit country made liquor has been recovered from tempo bearing registration no. BR 26PA 0766. Petitioners were arrested by the police on the spot. They were sitting in the aforesaid tempo.

Learned counsel for the petitioners has submitted that nothing has been recovered from conscious possession of these petitioners. They are in custody since 2.09.2018. It is further

Patna High Court Cr.Misc. No.62125 of 2018 (2) dt.10-10-2018 2/2 submitted that petitioners have been made accused in one another case. In that case, petitioners are on bail.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VIIth-cum-Special Judge (Excise), Aurangabad in connection with Amba P.S. Case No. 83/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

The petitioners will file affidavit at the time of release that they would not indulge themselves in such type of activities in future. If they are found indulged in such type of activities, their bail bonds will liable to be cancelled.

(Sanjay Priya, J.) Rakhi U T