Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40445 of 2019 Arising Out of PS. Case No.-329 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

Md. Danish (Male), aged about 23 years, Son of Maroof, Resident of Village- Bhagat Tola, Ward No. 26, Police Station- Araria, District- Araria. 2.

Md. Zaffar (Male), aged about 28 years, Son of Md. Jamil, Resident of Village- Basantpur, Ward No. 29, Police Station- Araria, District- Araria. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anamul Haque, Advocate.

For the Opposite Party :

Mr.Arun Kumar, 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 28.04.2019 in a case for the offence registered under Sections 272, 273/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 34.2 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. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.40445 of 2019(2) dt.02-07-2019 2/2 witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 34.2 liters 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 2nd Additional Sessions Judge-cum-Special Judge, Araria, in connection with Araria (Bairgachi) P.S. Case No. 329 of 2019. (Sudhir Singh, J) U.K./- U T