Ashok Singh @ Ashok Kharwar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9561 of 2018 Arising Out of PS. Case No.-308 Year-2017 Thana- DINARA District- Rohtas ======================================================
1. Ashok Singh @ Ashok Kharwar
2. Guddu Kharwar Both sons of Late Ram Bachan Kharwar, Both resident of village Bishrampur, P.S.- Dinara (Bhanas), District- Rohtas at Sasaram. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad For the Opposite Party/s :
Mr. SURENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seeks bail in a case instituted for the offences under Sections 147, 148, 149, 272, 273, 224, 225, 253, 332 of the Indian Penal Code and Sections 30(a)(c), 34(a), 37(c) and 45 of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 250 ml. mahua wine, 10 kg of mahua, 12 liters of fragmented mahua and 61 kg urea are recovered.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 16.12.2017 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of
Patna High Court Cr.Misc. No.9561 of 2018(2) dt.17-02-2018 2/2 witnesses alleged against the petitioners. It is alleged that 250 ml. mahua wine along with 10 kg of mahua, 12 liters of fragmented mahua and 61 kg urea are recovered from the joint house of the petitioners. Petitioners had no knowledge regarding the same kept in the joint house. 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, it is directed that 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 learned Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas in connection with Dinara (Bhanas) P.S. Case No. 308 of 2017.
(Sudhir Singh, J) Pankaj/- U T