Saurabh Kumar @ Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34866 of 2020 Arising Out of PS. Case No.-166 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== 1.

SAURABH KUMAR @ SHUBHAM KUMAR, son of SHATRUGHAN CHAUDHARY, Resident of Village Fateha, P.S.- Bachhwara, DistrictBegusarai 2.

Shivam Kumar, son of Shatrughan Chaudhary, Resident of Village- Fateha, P.S.- Bachhwara, District- Begusarai ... Petitioners

Versus

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

For the Petitioners :

Mr. Sushil Kumar Jha, Adv.

For the Opposite Party :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-04-2021 As prayed for, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 14.12.2020, within four weeks of starting of the Court proceeding in physical mode properly. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Bachhwara P.S. Case No. 166 of 2020, registered under Sections 120B of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel appearing for the petitioners submits that it would appear from the first information report that while the house and hut of the petitioners were searched,

Patna High Court CR. MISC. No.34866 of 2020(2) dt.05-04-2021 2/2 but, nothing was found rather the Indian made foreign liquor in volume of 62.64 liters is said to be recovered from the bush, situated near the hut of the petitioners. Both the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bachhwara P.S. Case No. 166 of 2020 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise, Begusarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T