Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42816 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

CHANDAN KUMAR Son of Upendra Rai Resident of Village- Terasia, Police Station- Ganga Bridge in the district of Vaishali. 2.

Santosh Kumar Son of Late Niwas Rai Resident of Village- Terasia, Police Station- Ganga Bridge in the district of Vaishali. 3.

Abhimanyu kumar Son of Suresh Rai @ Suresh Kumar Ray Resident of Village- Terasia, Police Station- Ganga Bridge in the district of Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Ganga Bridge P.S.Case No.43/2019 , registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story is that the police on information that some of the miscreants are coming with liquor came to the place of occurrence and saw that three persons are coming on motorcycle with a bag on that arrested them and 62.48 ltrs. of liquor have been recovered from them and further allegation is that those accused persons named the petitioners as supplier.

Patna High Court CR. MISC. No.42816 of 2019(2) dt.12-07-2019 2/2 Submission of the learned counsel for the petitioners is that FIR itself shows that nothing has been recovered from the possession of the petitioners and they have no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II cum Special Judge Excise Act, Vaishali at Hajipur in connection with Ganga Bridge P.S.case No.43 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T