Patna High CourtCR. MISC./40522/2019bail granted

Guddu Ray v. The State Of Bihar

2019-09-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40522 of 2019 Arising Out of PS. Case No.-242 Year-2019 Thana- DIGHA District- Patna ====================================================== 1.

Guddu Ray Son of Shiv Kumar Ray Resident of Village - Sabbalpur, P.S.- Sonepur, District- Saran (Chapra) 2.

Vikash Kumar Son of Shukhari Bhagat Resident of Village - Sabbalpur, P.S.- Sonepur, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners who are in custody since 28.04.2019 have filed the instant application for grant of bail in connection with Special Case No. 4136 of 2019 arising out of Digha P.S. Case No. 242 of 2019 registered for the offence punishable under sections 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation in the FIR, on checking by the police 55 litres of country liquor was recovered from a tempo in which the petitioners were sitting.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.40522 of 2019(3) dt.12-09-2019 2/2 that the petitioners were just passengers in the said tempo, they did not know about the liquor being kept in the said vehicle, they have no criminal antecedent and are in custody since 28.04.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioners have no criminal antecedent and are in custody since 28.04.2019, the Court is inclined to enlarge the petitioners on bail. Let the petitioners, above named, be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge- Excise, Patna in connection with Special Case No. 4136 of 2019 arising out of Digha P.S. Case No. 242 of 2019.

(Partha Sarthy, J) Prakash/- U