Hari Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38447 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== 1.

HARI KISHORE SINGH Son of Dinanath Singh Resident of Village - Nawalpur, P.S.- Dhuradha, District- Siwan 2.

Prabhat Kumar Son of Hari Kishore Singh Resident of Village - Nawalpur, P.S.- Dhuradha, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Mairwa P.S. Case No. 58/2019, instituted for offence under Section(s) 279, 427, 337, 338, 353 of the Indian Penal Code read with Section 30(a), 30(d) and 45 of the Bihar Prohibition and Excise Act, 2016. It is alleged in the written report that on the date of occurrence the police gave signal to stop a Truck bearing Registration No. JH 10V 4445 but due to careless driving by the driver, dashed with Truck No. HR 38V 6914 and MP 17-H-173166 and all the three trucks got damaged. The persons sitting on Truck No. MP-17-H-17-3166 sustained injury. Driver and

Patna High Court CR. MISC. No.38447 of 2019(2) dt.27-06-2019 2/2 Khalasi of Truck No. JH 10V 4445 disclosed their name as petitioners. On search of aforesaid truck, the police recovered total 952 tin, each containing 15 litres of Sheera. Learned counsel for the petitioners has submitted that petitioners have no concern with the alleged recovered Sheera. Aforesaid Sheera has already been released in favour of Ravi Kumar, owner of those Sheera, by the court below vide order dated 18.05.2019. Certified copy of aforesaid order has been produced during hearing of the bail petition. Petitioners are in custody since 19.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. 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 Addl. Sessions Judge 2nd, Siwan, in connection with Mairwa P.S. Case No. 58/2019, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T