Sawji Saw @ Sawji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25233 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== 1.

Sawji Saw @ Sawji, Son of Bhagwan Saw, Resident of Mohalla- H.I.G., Police Station- Agamkuan, District- Patna.

2.

Shambhu Kumar, Son of Late Ganauri Mahto @ Late Gauri Mahto, Resident of Village- Chhoti Pahari, Police Station- Agamkuan, DistrictPatna. 3.

Niraj Kumar @ Dhiraj Kumar @ Dhiraj, Son of Dinesh Prasad Resident of Village- Chhoti Pahari, Police Station- Agamkuan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody since 01.03.2019 in connection with Special Case No.2252 of 2019 arising out of Agamkuan P.S. Case No.209 of 2019 registered for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 37(a), 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the allegation as against the petitioner No.1 is of recovery of 6 packets of Jaggery (gud) and from the possession of petitioners

Patna High Court CR. MISC. No.25233 of 2019(2) dt.19-04-2019 2/2 No. 2 and 3, it is alleged that 10 litres of country-made liquor was found.

Learned counsel for the petitioners submits that they were taken into custody on suspicion and in fact nothing has been recovered. So far as this petitioner No.1 is concerned, he has a shop of Gud and has nothing to do with the same or properties of any liquor.

Considering the aforementioned facts and circumstances petitioners are not having any criminal antecedent, let both the above named petitioners be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge-Excise, Patna, in connection with Special Case No.2252 of 2019 arising out of Agamkuan P.S. Case No.209 of 2019.

(Anjana Mishra, J) Amjad/- U T