Basant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25740 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- OBRA District- Aurangabad ====================================================== 1.

BASANT PRASAD, S/o Late Rameshwar Mahto Resident of Village-Gira, P.S-Obra, District-Aurangabad. Bihar 2.

Vikash Kumar, S/o Basant Mahto Resident of Village-Gira, P.S-Obra, District-Aurangabad. Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-10-2020 Heard Ms. Rupa Kumari, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Obra P. S. Case No. 81 of 2020 dated 18.04.2020 (G.R. No. 319 of 2020) instituted for the offences under Sections 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018. It appears from the F.I.R. that total of 675.9 litres of liquor was recovered from the house of one Nand Lal Mahto @ Nandu Mahto and others.

The learned counsel for the petitioners submits

Patna High Court CR. MISC. No.25740 of 2020(2) dt.14-10-2020 2/2 that there is no recovery from the possession of the petitioners and they have clean antecedents.

Considering the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - VII - cum - Special Judge (Excise), Aurangabad in connection with Obra P. S. Case No. 81 of 2020 dated 18.04.2020 (G.R. No. 319 of 2020), subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T