Md. Shahid And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54076 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Md. Shahid, S/o Late Sidhik @ Sidikashi, Residence of at Village Silliguri, Jhumkar More, P.S. Jyoti Nagar, District- Darjiling (W.B.)

2. Wapai Ray, S/o Late Pradip Roy, Residence of Village- Silliguri, Shiv Mandir Matgara, P.S. Matigara, District- Darjiling (W.B.).

3. Krishna Singh, S/o Kapindra Singh, Residence of at Village- Silliguri, P.S.- Silliguri, District- Darjiling (W.B.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Sadar P.S. Case No. 212/2018, instituted for the offences under Sections 465, 467, 480, 487, 488, 489, 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of Bihar Prohibition and Excise Act, 2016. It appears from the seizure-list that total 90 litres of foreign liquor has been recovered from a Bolero Car. Petitioner no. 1 was sitting in Swift Car as mentioned in written report and Petitioner nos. 2 and 3 were driver and Khalasi respectively of Bolero Pick-up van.

Patna High Court Cr.Misc. No.54076 of 2018 (3) dt.04-10-2018 2/2 Learned counsel for the petitioners has submitted that petitioners have clean antecedent. They are in custody since 03.06.2018. It is submitted that other co-accused persons have already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. Nos. 42591/2018 dated 16.07.2018 and 47996/2018 dated 06.08.2018.

Considering the clean antecedent of petitioners, 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 Addl. Sessions Judge IVth-cumSpecial Judge, Darbhanga in connection with Sadar P.S. Case No. 212/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

The petitioners will file affidavit at the time of release that they would not indulge themselves in such type of activities in future. If they are found indulged in such type of activities, their bail bonds will liable to be cancelled.

(Sanjay Priya, J.) Rakhi U T