Patna High CourtCR. MISC./17174/2017allowed

Pintu Kumar And ANR v. The State Of Bihar

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.17174 of 2017 (2) dt.13-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17174 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ======================================================

1. Pintu Kumar, Son of Sri Bishambhar Paswan,

2. Matar Paswan, Son of Late Yaddu Paswan, Both residents of village - Semra Tola, P.S. Sasaram ( M ), District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 The petitioners are in custody since 20.02.2017 in connection with Excise Case No. 70 of 2017, registered for offences punishable under Section 30(a) of the Bihar Excise Act. Allegation against the petitioner is of recovery of 50 litre of Mahua liquor and 200 kilo Mahua.

It has been submitted on behalf of the petitioners that no recovery has been made either from the conscious possession of the petitioner or from their house rather the said recovery has been made from an open field and it cannot be said that alleged liquor and Mahua belongs to petitioners. Petitioners have been in judicial custody since 20.02.2017 and have no criminal antecedents.

Patna High Court Cr.Misc. No.17174 of 2017 (2) dt.13-04-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas as Sasaram, in connection with Excise Case No. 70 of 2017.

It is made clear if the petitioners again found involved in any of the like offences, prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T