Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34441 of 2020 Arising Out of PS. Case No.-96 Year-2020 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

SATISH KUMAR son of Surendra Prasad Yadav, Resident of VillageSukhasan, Ward No. 04, Police Station- Singheshwar, District- Madhepura. 2.

NITISH KUMAR son of Kishundeo Sharma, Resident of Kalhua, Ward No. 11, Police Station- Shankarpur, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-02-2021 Heard both sides.

Petitioners seek bail in Shankarpur P.S. Case No.96 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police on secret information intercepted one pickup van and a Zest car. From the Zest car, 5 cartons each containing 24 bottles of liquor (375 ml each) were recovered. Nitish Kumar (petitioner no.2) is said to be the driver of Zest car and Satish Kumar (petitioner no.1) is said to the helper. From the pick-up, 558 litres of liquor was recovered. It is submitted that Deepak Kumar, who is said to be the driver of the pick-up van, has already been granted bail by

Patna High Court CR. MISC. No.34441 of 2020(3) dt.25-02-2021 2/2 order dated 09.02.2021 passed in Cr.Misc.No.37687 of 2020 on the ground that he remained in jail for about seven months. The petitioners are also in custody since 29.07.2020. The petitioners have already remained in jail for about seven months. Having considered the facts that the petitioners have remained in jail for about seven months and the petitioners have got no criminal antecedent, the petitioners named above are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Madhepura in connection with Shankarpur P.S. Case No.96 of 2020 (Excise Case No.489 of 2020).

(Prabhat Kumar Jha, J) Harish/- U T