Upendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 41993 of 2017 Arising Out of PS. Case No.-54 Year-2017 Thana- Mali District- Aurangabad ====================================================== 1.

Upendra Singh Son of Hari Singh, Resident of VillageKarmkila, P.S. Barun, District-Aurangabad. 2.

Anil Kumar Son of Kameshwar Singh, Resident of Raghunathpur P.S. Badem District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

15-09-2017 Heard Sri Bachan Jee Ojha, learned counsel for the petitioners and Smt. Gulnar Begam, learned Addl. Public Prosecutor.

Two petitioners, who are in custody since 15-07-2017 in Mali P.S. Case No. 54 of 2017 registered for offence under Sections 30(a)/38 of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail.

It was submitted by learned counsel for petitioners that it is true that both the petitioners alongwith others were moving in a vehicle, which was intercepted by the police and from the dickey of the said vehicle, about 160 liters of country-made liquor was recovered. He submits that petitioners were not aware about the carrying of the liquor, but since they were in the

Patna High Court Cr.Misc. No.41993 of 2017(2) dt.15-09-2017 2/2 vehicle, petitioners alongwith others were apprehended. By way of referring to statement made in paragraph - 3 of the petition, it has been argued that both the petitioners are having clean antecedent.

Considering the nature of accusation, clean antecedent as well as period of custody, let both the petitioners namely Upendra Singh and Anil Kumar be enlarged 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 A.D.J. - VII cum Special Judge, Aurangabad in connection with Mali P.S. Case No. 54 of 2017. (Rakesh Kumar, J.) anay U T