Umesh Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40658 of 2016 Arising Out of PS.Case No. -131 Year- 2016 Thana -EKMA District- SARAN ======================================================

1. Umesh Prasad Son of late Sipahi Prasad`

2. Satyendra Singh Son of Janardan Singh Both Resident of VillageManey, PS Ekma, Distt Saran, Chapra .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. 146 bottles containing near about 36 litres Indian made foreign liquor were recovered from a truck which was being driven by petitioner no. 1 whereas petitioner no. 2 was working as Khalasi. The petitioners were made accused for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47 of Bihar Excise Act.

Petitioners do not have any criminal antecedent and are languishing in jail custody since 26.07.2016. Moreover, the Bihar Excise Amendment Act, 2016 has already been declared ultra vires by a Division Bench of this Court.

Patna High Court Cr.Misc. No.40658 of 2016 (3) dt.03-10-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Divya Prakash, Judicial Magistrate, Saran at Chapra in connection with Ekma P.S. Case No. 131 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T