Patna High CourtCR. MISC./33030/2019bail granted

Anup Rai v. The State Of Bihar

2019-06-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33030 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

ANUP RAI, aged about 23 years, Male, S/o Baijnath Rai, R/O VillPhulwaria, P.S.- Kuchaikot, District- Gopalganj. 2.

Raviraj Kumar Gupta, aged about 19 years, Male, S/o Keshaw Gupta, R/O Vill- Balthari, P.S.- Kuchaikot, District- Gopalganj. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Ranjeet Kumar Pandey, Advocate.

For the Opposite Party :

Mr.Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-06-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 11.04.2019 in a case for the offence registered under Sections 414 of the IPC, 30(a), 32(2), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 152.800 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 has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court CR. MISC. No.33030 of 2019(3) dt.28-06-2019 2/2 petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 152.800 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, Gopalganj, in connection with Kuchaikot P.S. Case No. 119/2019.

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