Vijay Kumar Rai @ Yuvraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37827 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

VIJAY KUMAR RAI @ YUVRAJ, aged about 26 years, Male, Son of Ramdipan Rai, Resident of Mahua Ramrai, P.S.- Mahua, District - Vaishali. 2.

Anil Kumar, aged about 25 years, Male, Son of Ram Balak Rai, Resident of Village - Kalyanpur, P.S.- Rajapakar, District - Vaishali. ... ... Petitioners

Versus

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

For the Petitioners :

Mrs. Bela Singh, Advocate.

For the Opposite Party :

Mr.Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 16.04.2019 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 4364.64 liters 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 implicated in the present case. It is alleged that total 4364.64

Patna High Court CR. MISC. No.37827 of 2019(2) dt.21-06-2019 2/2 liters wine is recovered from the Truck in question. The Truck in question does not belong to the petitioners. 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 Additional Sessions Judge-IInd-cum-Special Judge, Excise, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 216 of 2019.

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