Pawan Sut And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 70684 of 2018 Arising Out of Excise (Sherghati) Case No.-361 Year-2018 District- Gaya ======================================================

1. Pawan Sut, S/o- Navin @ Naveen Kumar Singh, VillageChamandi, P.S.- Makhdumpur, District- Jehanabad, And present address:- C-5, Azad Path, Sarishtabad Road, Near Durga Mandir, P.S. Gardanibagh, District- Patna, PIN- 800001.

2. Bipin Kumar, S/o- Sri Chamak Lal Mandal, resident of MohallaRoad No. 6, South Shanti Path, P.S. Gardanibagh, DistrictPatna. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Pratik Mishra Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-12-2018 Heard Sri Pratik Mishra, learned counsel assisted by Sri Birendra Kumar Singh, learned counsel for the petitioners and learned Addl. Public Prosecutor.

Two petitioners, who are in custody since 26-09-2018 in Excise (Sherghati) Case No. 361 of 2018 registered for offence under Sections 30(a)/56(d) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail. At the very outset, learned counsel for the petitioners has drawn my attention to statement made in paragraph - 3 of the petition to show that both the petitioners are having clean antecedent. It has been argued that it is true that petitioner no. 1,

Patna High Court Cr.Misc. No.70684 of 2018(2) dt.03-12-2018 2/2 being owner of the vehicle, was coming through his vehicle, which was being driven by petitioner no. 2, same was intercepted by the excise officials and on false accusation of recovery of about 29 liters of Indian make foreign liquor, both the petitioners have been arrested.

Be that as it may, considering the nature of accusation, clean antecedent as well as period of custody, let both the petitioners namely Pawan Sut and Bipin Kumar be enlarged 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 Additional District & Sessions Judge Vth-cum-Special Judge, Excise, Gaya in connection with Excise (Sherghati) Case No. 361 of 2018.

(Rakesh Kumar, J.) anay U T