Samir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20610 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

SAMIR KUMAR S/o Sanjay Parasad 2.

Deepak Kumar Singh @ Deepak Kumar S/o Sudhir Singh Both R/o Mohalla- Nauwagarhi, Devi Asthan, P.S.- Vishnupath, DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate.

For the Opposite Party/s :

Ms. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2019 Heard learned counsel for the petitioners and the State.

The petitioners seeks bail in Excise Case No. 35 of 2019, instituted for the offence under Section(s) 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is alleged in the written report that Police intercepted Maruti Suzuki vehicle bearing registration No.BR01AX-9360. On search, 78.840 litres of foreign liquor has been recovered from the vehicle. Petitioners managed to run away from the place of occurrence.

Counsel for the petitioners submits that petitioners have no concern with the aforesaid liquor. Petitioners are neither

Patna High Court CR. MISC. No.20610 of 2019(2) dt.03-04-2019 2/2 owner nor driver of the vehicle. He further submits that petitioners were arrested by the police merely on suspicion. Petitioner is in custody since 22.1.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, 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 Special Judge, Excise, Gaya, in connection with in Excise Case No. 35 of 2019, subject to the condition that both the bailors will be close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T