Patna High CourtCR. MISC./40378/2019bail granted

Kaushlendra Prasad v. The State Of Bihar

2019-07-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40378 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- ATRI District- Gaya ====================================================== 1.

Kaushlendra Prasad, aged about 30 years, Male, Son of Bhola Prasad, Resident of Village - Mapha, P.S.- Atri, District - Gaya. 2.

Dipak Kumar, aged about 25 years, Male, Son of Mahendra Prasad, Resident of Village - Mapha, P.S.- Atri, District - Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vinod Kumar, Advocate.

For the Opposite Party :

Mr.Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 11.05.2019 in a case for the offence registered under Sections 341, 323, 353, 504, 506/34 of the IPC, 37(c) and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 1 liter wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court CR. MISC. No.40378 of 2019(2) dt.02-07-2019 2/2 implicated in the present case. It is alleged that total 1 liter wine is recovered. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned I/C Special Judge, Excise, Gaya, in connection with Atri P.S. Case No. 185 of 2019.

(Sudhir Singh, J) U.K./- U T