Md. Shiraj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31867 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

Md. Shiraj Sah, aged about 21 years, Male, Son of Late Janib Sah, Resident of Village- Marpa Kachaur @ Marp Kachaur P.S.- Kanhauli, DistrictSitamarhi. 2.

Rameshwor Rai @ Ram Ishwar, aged about 23 years, Male, Son of Bachchu Rai, Resident of Village- Murhadih, Madhopur, Maliniya P.S.- Kanhauli, District- Sitamarhi.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Hans Lal Kumar, Advocate.

For the Opposite Party :

Mr.Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 31.03.2019 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 216 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.31867 of 2019(2) dt.14-05-2019 2/2 witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 216 liters wine is recovered from possession of the petitioners. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.- II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Case No. C2/163/19.

(Sudhir Singh, J) U.K./- U T