Patna High CourtCR. MISC./21732/2018bail granted

Dharmendra Rai And ANR v. The State Of Bihar

2018-05-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21732 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ======================================================

1. Dharmendra Rai, son of Ram Shovit Ray

2. Ram Bali Mahto, son of Parmeshwar Mahto Both residents of village- Thahra Gopalpur, Police StationTajpur ( Waini O.P.), District-Samastipur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Ranjan Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are in custody since 25.12.2017, as stated in paragraph-10 of the petition, having clean antecedent, which fact has been stated in paragraph-3 of the petition, in Lakhisarai Excise P.S. Case No.57C2 of 2017 registered for the offence under Sections 30(a), 32(i), 38(i), 41(2) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail.

Learned counsel for the petitioners, by way of referring to the prosecution report, submits that both petitioners were arrested from a pick-up van, which was loaded with

Patna High Court Cr.Misc. No.21732 of 2018(3) dt.08-05-2018 2/2 tomato and under tomato, huge quantity of Indian Make Foreign liquor was concealed. It was submitted by learned counsel for the petitioners that both petitioners were moving in the vehicle as passenger and they were not aware of wine loaded in the said vehicle, however after noticing the police, main driver tried to flee away and both petitioners were arrested as if petitioners and driver were carrying wine in the said vehicle. Be that as it may, considering the nature of accusation, clean antecedent of both the petitioners as well as period of custody, let both the petitioners, namely, (i) Dharmendra Rai and (ii) Ram Bali Mahto, be released 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 learned Addl. District and Sessions Judge 2nd-cum-Special Judge ( Excise), Lakhisarai in connection with Lakhisarai P.S. Case No.57C2/2017.

(Rakesh Kumar, J) nawalkrs/- U T