Brij Kishor Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27524 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== 1.

BRIJ KISHOR PRASAD Son of Late Dina Nath Sah Resident of Village - Ward No.1, Sarya, P.O.- Gopalganj, P.S.- Gopalganj, Dist.- Gopalganj. 2.

Firoz Alam Son of Manzoor Ali Resident of Village - Ekderwan P.S.- Yadavpur, Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Basantpur P.S. Case No. 25/2018, instituted for offence under Section(s) 272, 273, 308, 420, 120(B), 201 and 34 of the Indian Penal Code read with Sections 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that on getting secret information police party reached at the place of occurrence and found a truck bearing Registration No. PB 06K 2922 along with different other vehicles parked in the campus of R.K.K. College, Khauripaker. On search total 3300 litres of foreign liquor was

Patna High Court CR. MISC. No.27524 of 2019(2) dt.26-04-2019 2/2 recovered from aforesaid vehicles.

Learned counsel for the petitioners has submitted that petitioner no. 1 is owner of the vehicle bearing Registration No. BR 28L 7686. Petitioner no. 2 is driver of the aforesaid vehicle. There is no recovery of any illicit liquor from possession of these petitioners.

Petitioners are in custody since 11.01.2019.

Considering the aforesaid facts and circumstances, 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 the learned A.D.J. IIcum-Special Judge (Excise), Siwan, in connection with Basantpur P.S. Case No. 25/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T