Arun Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37608 of 2017 Arising Out of PS. Case No.-139 Year-2017 Thana- DIGHA District- Patna ======================================================

1. Arun Kumar,

2. Alakh Rai, Both are Sons of Gurucharan Rai, resident of Ramjee Chak, Police Station - Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Sri Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-11-2017 Heard Sri Akhauri Kamal Kishore Sahay, learned counsel for the petitioners and Sri Madan Kumar, learned Additional Public Prosecutor.

Two petitioners, apprehending their arrest in Digha P.S. Case No. 139 of 2017 registered for the offence under Section 35(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that it is out and out malicious action of the Police that in a case in which one small bottle of 375 ML of Indian make foreign liquor was found on the roof of an apartment, however number of persons were made F.I.R. named accused including petitioners. Learned counsel for the petitioners has also drawn

Patna High Court Cr.Misc. No.37608 of 2017(3) dt.22-11-2017 2/2 my attention to the statement made in paragraph no. 3 of the petition to show that petitioners are having clean antecedent. Considering the nature of accusation and clean antecedent of the petitioners, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners Arun Kumar and Alakh Rai be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -VIII - cum - Special Judge Excise, Patna / concerned court in connection with Digha P.S. Case No. 139 of 2017 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T