Chandan Kumar @ Mantu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37590 of 2017 Arising Out of PS. Case No.-145 Year-2017 Thana- Patliputra District- Patna ====================================================== 1.

Chandan Kumar @ Mantu 2.

Saurabh Kumar @ Shantu, Both are Sons of Sri Arun Kumar, residents of Mohalla- North Sri Krishnapuri, House No. 98, P.S. Sri Krishnapuri, DistrictPatna. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Kumar Pathak For the Opposite Party/s :

Mr. Nand Kishore Pd =========================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

21-09-2017 Heard Sri Amarendra Kumar Pathak, learned counsel for petitioners and Sri Nand Kishore Prasad, learned Addl. Public Prosecutor.

Two petitioners, who are full brothers apprehending their arrest in connection with Patliputra P.S. Case No. 145 of 2017 registered for offence under Sections 30/37(a)(b)(c) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of arrest or surrender.

It was submitted by learned counsel for the petitioners that it is a peculiar case, in which, only one empty bottle of 750 ml. of Indian make foreign liquor was recovered from a house, not of petitioner and it was alleged that three persons disclosed

Patna High Court Cr.Misc. No.37590 of 2017(4) dt.21-09-2017 2/2 that said bottle was thrown after drinking by both the petitioners. Learned counsel for the petitioners has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent. In view of peculiar nature of accusation and clean antecedent of both the petitioners, in the event of arrest or surrender within a period of six weeks from today, let both petitioners namely Chandan Kumar @ Mantu and Saurabh Kumar @ Shantu be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge - Excise, Patna in connection with Patliputra P.S. Case No. 145 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T