Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41661 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- NALANDA District- Nalanda ====================================================== 1.

Sanjeet Kumar, aged about 45 years, Male, S/o Late Umesh Singh, R/o village- Kakaria, P.S.- Noorsarai, District- Nalanda. 2.

Sandip Kumar, aged about 32 years, Male, S/o Sri Rajnandan Prasad, R/o village- Mahadev Bigha, P.S.- Noorsarai, District- Nalanda. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Bijendra Prasad Sinha, Advocate.

For the Opposite Party :

Mr.Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 29.04.2019 in a case for the offence registered under Sections 272, 273 of the IPC and 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 432 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioner no. 2 has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.41661 of 2019(2) dt.08-07-2019 2/2 witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 432 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 Additional Sessions Judge-IIIrd, Nalanda at Biharsharif, in connection with Nalanda P.S. Case No. 56 of 2019. (Sudhir Singh, J) U.K./- U T