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Patna High CourtCR. MISC./35105/2019allowed

Suraj Sharma v. The State Of Bihar

2019-05-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35105 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== 1.

SURAJ SHARMA Son of Swaminath Sharma Resident of Village - Shekhpura, P.S. - Barharia, District - Siwan. 2.

Vikash Kumar Son of Shri Bhagwan Prasad Resident of Village - Mirganj Purab Mohalla, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyama Kant Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Hathwa P.S. Case No. 71 of 2019 for the offence under section 30(a), 38(1), 41(1) of the Bihar Prohibition & Excise Act, 2016. In the instant case total 163.740 liters of liquor was seized.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent. They are in custody since 22.4.2019.

Learned counsel for the petitioners submits that nothing was recovered from the conscious possession of the

Patna High Court CR. MISC. No.35105 of 2019(2) dt.28-05-2019 2/2 petitioners.

Considering the fact that petitioners have no criminal antecedent, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged 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 Additional District and Sessions Judge-II-cum-Special Judge Excise, Gopalganj, in connection with Hathwa P.S. Case No. 71 of 2019.

(Anil Kumar Upadhyay, J) Ravi/Choudhary U T