Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32352 of 2020 Arising Out of PS. Case No.-401 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
DHANANJAY KUMAR S/o Late Vinod Rai 2.
Tuntun Kumar S/o Parshuram Rai Both R/o village- Bada Telpa, P.S.- Chapra Town, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh, Adv.
For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2020 Heard both sides through Video Conferencing.
The petitioners seek bail in Chapra Town P.S. Case No.401 of 2020 registered under Sections 30(a), 41(i)(ii) and 37(a)(b) of Bihar Prohibition and Excise Act. The informant, a police officer, got information that some persons were selling liquor near Telpa Maharani Asthan and on such, raided the place and apprehended Dhananjay Kumar and Tuntun Kumar(the petitioners). 60 litres of liquor was also recovered from the place. The petitioners were found in inebriated condition.
The learned counsel for the petitioners submits that petitioners have of course taken wine but the petitioners were not selling liquor. The persons who were selling liquor fled
Patna High Court CR. MISC. No.32352 of 2020(2) dt.07-12-2020 2/2 away. Petitioners are in jail since 31.07.2020. Petitioners have already remained in jail for more than four months. Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that petitioners are in jail for more than four months, 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Chapra Town P.S. Case No.401 of 2020.
(Prabhat Kumar Jha, J) Saurabh/- U T