Bihari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32258 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- DHANSOI District- Buxar ====================================================== 1.

Bihari Sah, aged about 25 years (Male), S/o Late Birendra Sah, R/o villageBariha, P.S.- Natwar, District- Rohtas. 2.

Rajesh Choudhary, aged about 26 years, (Male), S/o Dashrath Choudhary, R/o village- Haribanshpur Tola, P.S.- Dinara, District- Rohtas. ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Arun Kumar Gupta, Advocate.

For the Opposite Party :

Mr.Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 20.03.2019 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 449.970 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.32258 of 2019(2) dt.16-05-2019 2/2 falsely been implicated in the present case. It is alleged that total 449.970 liters wine is recovered from Pick-up Van in question. 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 I/C Additional Sessions Judge-II-cum-Special Judge, Excise Act, Buxar, in connection with Dhansoi P.S. Case No. 33/2019. (Sudhir Singh, J) U.K./- U T