Patna High CourtCR. MISC./46139/2017bail granted

Bitu Kumar And ANR v. The State Of Bihar

2017-12-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46139 of 2017 Arising Out of PS.Case No. -285 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. BITU KUMAR, Son of Sudarshan Goswami,

2. Mintu Sah, Son of Late Narain Sah, Both Resident of village- Naya Tola Banjariya, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. S.N. P.Singh (Sr. Adv.) Mr. Jitendra Narain Sinha (Adv.) Mr. Anamika Sinha (Adv.) For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 Heard the counsels for the parties.

The petitioners seek bail in connection with Turkauliya (Banjariya) P.S. Case No. 285/2017 dated 25.05.2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The petitioners were apprehended with a pick-up van, from where 388.800 litres of liquor was recovered. From the houses of the petitioners also, 252 litres and 112.320 litres of liquor were recovered respectively.

Learned counsel for the petitioners has submitted that

Patna High Court Cr.Misc. No.46139 of 2017 (4) dt.21-12-2017 2/2 the petitioners were found near the pick-up van and therefore they have been falsely implicated in the present case. Some of the contents of the pick-up van were illegally shown to have been recovered from the houses of the petitioners. The petitioners have clean antecedents and they have remained in custody since 26.05.2017.

Regard being had to the aforesaid facts, the petitioners above named are directed to be released on bail on their furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIIth-cum-Special Judge (Excise), Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 285/2017. (Ashutosh Kumar, J.) Rakhi U T