Patna High CourtCR. MISC./55524/2018bail granted

Ashok Kumar And ANR v. The State Of Bihar

2018-10-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55524 of 2018 Arising Out of PS.Case No. -237 Year- 2018 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Ashok Kumar, S/o Sri Mha Singh, R/o Vill.- Nagloi, Sultanpuri, P.S.- Sultanpuri, Delhi Purbi-41.

2. Amit Kumar, S/o Ramdas, R/o Vill.- Mohan Garden Utamagar, P.S.- Narela, New Delhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Lalganj P.S. Case No.237 of 2018 instituted for the offence under Section(s) 30(A), 32(2), and 41(1) of the Bihar Prohibition and Excise Act, 2016. Counsel for the petitioners submits that petitioners have no criminal antecedents. It is alleged that one truck was found by the police loaded with 2060.400 litres illicit foreign liquor.

It is alleged that the petitioners were arrested from near the truck. Counsel for the petitioners further submits that besides suspicion there is no allegation of any overt act against

Patna High Court Cr.Misc. No.55524 of 2018 (3) dt.25-10-2018 2/2 petitioners. There is no any recovery from conscious possession of the petitioners. They are in custody since 03.08.2018. In the facts and circumstances of the case, 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) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IIndcum-Special Judge, Hajipur, in connection with Lalganj P.S. Case No.237 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners. (Sanjay Priya, J) JA/- Rohit Kr.

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