Heera Lal Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34732 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- PIPRASI District- West Champaran ====================================================== 1.

HEERA LAL GOSWAMI Son of Jagarnath Goswami @ Jagarnath Gosai Resident of Village - Behari Asthan, P.S.- Piprasi, District - West Champaran.

2.

Nand Lal Kushwaha Son of Shankar Kushwaha Resident of Village - Behari Asthan, P.S.- Piprasi, District - West Champaran. 3.

Sonu Kushwaha Son of late Mainegar Kushwaha Resident of Village - Behari Asthan, P.S.- Piprasi, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 20.03.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the possession of the petitioners, who were travelling on a motorcycle, 5 litres of country made liquor were recovered.

It is submitted by learned counsel for the petitioners that the petitioners have been framed in the present case. A statement has been made in paragraph no.3 of the petition that

Patna High Court CR. MISC. No.34732 of 2019(2) dt.28-05-2019 2/2 the petitioners are not having any criminal antecedent. Learned APP submits that the recovery has been made from the possession of the petitioners and they are named in the FIR.

Considering the nature of recovery and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, West Champaran, Bettiah in connection with Piprasi P.S. Case No. 16 of 2019. (Dinesh Kumar Singh, J) Amrendra/- U T