Tarkeshwar Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12963 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MANER District- PATNA ======================================================
1. Tarkeshwar Rai S/o - Ram Bahora Rai R/v - Sherpur, Pokhra, P.S. - Maner, Distt. - Patna.
2. Rajeshwar Rai @ Raj Keshwar Rai S/o Late Luxman Rai @ Laxuman Rai R/v - Sherpur, Bramchari, P.S. - Maner, Distt. - Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in Maner P.S. Case No. 17 of 2017 instituted for the offence under Section 30(A) of the Bihar Prohibition and Excise Act .
It is alleged that informant received information that few persons were selling Mahua wine near Asha Brick Kiln. The informant proceeded and found two persons selling the wine. On seeing the police party, they tried to flee and later they were arrested by the police.
It is alleged that 20 litres of Mahua wine kept in a plastic gallon, 15 litres of Mahua wine kept in yellow colour plastic gallon and eight glasses were recovered from place of
Patna High Court Cr.Misc. No.12963 of 2017 (2) dt.22-03-2017 2/2 occurrence.
It has further been alleged that Rs. 470/- was recovered from the possession of Tarkeshwar Kumar whereas Rs. 580/- was recovered from the possession of Rajeshwar Mahto. It is mentioned in para 3 of the bail petition that both the petitioners have clean antecedent and they are in custody since 17.1.2017.
It is mentioned in seizure list that recovery has been made from near closed Asha Brick Kiln.
It has been submitted that petitioners have clean antecedent and they are in custody since 17.1.2012. Keeping in view the clean antecedent and the period spent by these petitioners in custody, the prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Randhir Kumar, A.C.J.M., VI, Danapur, in connection with Maner P.S. Case No. 17 of 2017, G.R. No. 78 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioners.
(Sanjay Priya, J) Ravi/- U T