Hasib Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4334 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -HISUA District- NAWADA ======================================================

1. Hasib Ansari, S/o Ayub Ansari, R/o Village- Alipur, P.S.- Hatia, District- Ranchi.

2. Ajay Sahu, S/o Late Raghunath Sahu, R/o Village- Gundu, P.S.- Hatia, District- Ranchi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Man Mohan Kumar, Advocate. For the Opposite Party : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 30.12.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 42.75 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 against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.4334 of 2018 (3) dt.17-02-2018 2/2 implicated in the present case. It is alleged that total 42.75 liters wine is recovered from the car in question. The car in question belongs to petitioner no. 2. The name of the petitioners has come on the basis of alleged recovery made from the car in question. The petitioner no. 1 was a passenger and petitioner no. 2 was the driver of the car in question. 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 A.D.J.-IIcum-Special Judge, Nawada, in connection with Hisua P.S. Case No. 305 of 2017.

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