Birendra Kumar @ Birendra Chaursiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31601 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- RAJPUR District- Buxar ====================================================== 1.

Birendra Kumar @ Birendra Chaursiya, Sex-Male, aged about 50 years, Son of Hira Lal Prasad, R/O - Sariaja, P.S.- Rajapur, District- Buxar. 2.

Daya Shankar Chaursiya, Sex-Male, aged about 19 years, Son of Birendra Chaursiya @ Birendra Kumar, R/o- Sariaja, P.S.- Rajapur, District- Buxar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Rajeev Ranjan, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 10.03.2019 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 531.390 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 witnesses alleged against the petitioners. The petitioners have

Patna High Court CR. MISC. No.31601 of 2019(2) dt.13-05-2019 2/2 falsely been implicated in the present case. It is alleged that total 531.390 liters wine is recovered. 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.- IInd-cum-Special Judge, Excise, Buxar, in connection with Rajpur P.S. Case No. 59 of 2019.

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