Isha Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40861 of 2019 Arising Out of PS. Case No.-368 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Isha Mohammad, aged about 30 years (M), Son of Late Hafijullah Ansari, Resident of Village - Bhudhwaha, P.S.- Chhauradano, Dist.- East Champaran.

2.

Anwarool Haque, aged about 20 years (M), Son of Sanjur Ansari, Resident of Village - Bhudhwaha, P.S.- Chhauradano, Dist.- East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mrs.Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 05.05.2019 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 108 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 witnesses alleged against the petitioners. The petitioners have

Patna High Court CR. MISC. No.40861 of 2019(2) dt.03-07-2019 2/2 falsely been implicated in the present case. It is alleged that total 108 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 Special Judge, Excise, East Champaran, Motihari, in connection with Excise Case No. 368 of 2019.

(Sudhir Singh, J) U.K./- U T