Krishna Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.31715 of 2016 (2) dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31715 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Krishna Kumar Son of Rishi Sahani Resident of Village - Jirija, P.S. Lauriya, District - West Champaran.

2. Santosh Kumar Son of Bhibhakar Sahani Resident of Village - Khujlahi, P.S. Nautan, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.08.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under sections 272, 273 of the Indian Penal Code and section 47A of the Excise Act. 70 liter spirit is said to have been recovered from the conscious possession of the petitioners prior to coming into force of new Bihar Excise (Amendment) Act, 2016 for which petitioners are in jail custody since 30.3.2016 without having any criminal antecedent. Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Manjahulia P.S. Case no. 75/2016. shahid (Hemant Kumar Srivastava,J) U T