Balbant Singh @ Balband Singh @ Balwant Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10261 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Balbant Singh @ Balband Singh @ Balwant Singh,

2. Bhola Singh Both Sons of Surendra Singh, R/o Village- Khuskibag, Katihar More, P.S.- Sadar, District- Purnea.

.... .... Petitioners

Versus

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

For the Petitioners : Dr.(Mr.) Bidhu Ranjan, Advocate. For the Opposite Party : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 12.01.2018 in a case for the offence registered under Sections 272, 273 of the IPC, 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 18 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 this case. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.10261 of 2018 (2) dt.22-02-2018 2/2 against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 18 liters wine is recovered from the car in question. The car in question does not belong to the petitioners. The name of the petitioners has come on the basis of alleged recovery made from the petitioners. 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 3rd Additional Sessions Judge-cum-Special Judge, (Excise), Purnea, in connection with Special Case No. 37 of 2018, arising out of Sadar P.S. Case No. 20 of 2018.

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