Munna Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37799 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- TARABARI District- Araria ====================================================== 1.

Munna Kumar Singh, aged about 20 years, Gender-Male, S/o Late Deonath Singh, R/o village- Sorgaon, Ward No. 02, P.S.- Kursakanta, Distt.- Araria. 2.

Sunil Kumar Singh, aged about 22 years, Gender-Male, S/o Shyamdeo Singh, R/o village- Khwaspur, Ward No. 01, P.S.- Forbisganj (Simraha), District- Araria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Nishant Kumar Sinha, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail 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 48 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since

Patna High Court CR. MISC. No.37799 of 2020(2) dt.05-02-2021 2/2 06.08.2020 and have got no criminal antecedent. Charge sheet has been submitted in the present case. 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 48 liters wine is recovered from the Motorcycle in question. 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.

Considering the aforesaid facts and circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judgecum-Special Judge, Araria, in connection with Special Case No. 596/2020, arising out of Tarabari P.S. Case No. 72/2020. (Sudhir Singh, J) U.K./- U T