Raju Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29436 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

RAJU DAS Son of Satan Das Resident of Village - Hanuman Nagar, P.S.- Sursand, District- Sitamarhi 2.

Dilip Das Son of Vijay Das Resident of Village - Bhantawari, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners seek bail in connection with G.O. Case No. 30 of 2019 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the Excise Officials is that the petitioners were apprehended along with 26.640 litres of Nepali Saufi wine. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and have been falsely implicated in the aforesaid case. He

Patna High Court CR. MISC. No.29436 of 2019(3) dt.15-05-2019 2/2 submits that the petitioners are languishing in judicial custody since 21.03.2019 and have been sufficiently punished. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, materials on record and that petitioners do not bear any criminal antecedent as stated in para-3 of the present application, let the petitioners above named 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 the learned Additional District JudgeII-cum-Special Judge, Excise Act, Sitamarhi in connection with G.O. Case No. 30 of 2019 subject to the condition that one of the bailors would be close relative of the petitioners having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners. (Nilu Agrawal, J) devendra/- U T