Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34671 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== 1.

RUPESH KUMAR Son of Bhagirath Mandal Resident of Village - Maniyarpur, P.S.- Madhusudanpur, Distt - Bhagalpur. 2.

Mithun Kumar Son of Dilip Mandal Resident of Village - Bishanpur Jichho, P.S.- Lodipur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 15.4.2019 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the possession of the petitioners, 28 litres country made liquor were recovered while travelling on motorcycle.

It is submitted by learned counsel for the petitioners that actual recovery has not been made from the petitioners. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that recovery has been made from

Patna High Court CR. MISC. No.34671 of 2019(2) dt.28-05-2019 2/2 the possession of the petitioners.

Considering the nature of recovery and the period under custody, let the petitioners above named be released 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, Bhagalpur in connection with Sabour (Goradih) P.S. Case No. 118 of 2019.

(Dinesh Kumar Singh, J) anil/- U