Bina Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40267 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- BARH District- Patna ====================================================== 1.

BINA KUMAR Son of Sri Rajdev Yadav Resident of Village- Lahariya Pokhar, P.S.- Barh, District- Patna.

2.

Ajit Kumar Son of Sri Raj Kumar Paswan Resident of Village- Burhanichak, P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Special Excise Case No. 4624 of 2019 arising out of Barh P.S. Case No. 216 of 2019, instituted for the offence under Section(s) 30(a), 38 and 41 of Bihar Prohibition & Excise Act, 2016.

It is alleged in the written report that 100 litres of foreign liquor has been recovered from petitioner No. 1 and 24.500 litres of foreign liquor has been recovered from petitioner No. 2.

Petitioners are in custody since 15.5.2019.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.40267 of 2019(2) dt.05-07-2019 2/2 of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, 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 Special Judge, Excise, Patna, in connection with Special Excise Case No. 4624 of 2019 arising out of Barh P.S. Case No. 216 of 2019, subject to the condition that both the bailors will be close relatives of the petitioners. It is mentioned in paragraph-3 of the bail petition that one Excise case of Barh P.S. Case No. 290 of 2018 is pending against the petitioner. Petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T