Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31872 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

KISHAN KUMAR, aged about 25 years, Gender-Male, Son of Shiv Shankar Prasad, Resident of Village - Bairgania, P.S.- Bairgania, District - Sitamarhi. 2.

Badal Kumar, aged about 19 years, Gender-Male, Son of Vijay Paswan, Resident of Village - Bairgania, P.S.- Bairgania, District - Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Birendra Kumar, Advocate.

For the Opposite Party :

Mr.Ram Anurag 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 13.03.2019 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 27 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.31872 of 2019(2) dt.14-05-2019 2/2 falsely been implicated in the present case. It is alleged that total 27 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.- II-cum-Special Judge, Excise Act, Sitamarhi, in connection with C-2 Case No. 120 of 2019.

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