Patna High CourtCR. MISC./33267/2018allowed

Haresh Kumar Singh And ANR v. The State Of Bihar

2018-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33267 of 2018 Arising Out of PS. Case No.-133 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ======================================================

1. Haresh Kumar Singh, Son of Mahesh Singh, resident of Village/ Mohalla- Masadh, P.S.- Udwant Nagar, District- Bhojpur, Arrah.

2. Bhola Paswan, Son of Sambhu Paswan, resident of Village/ Mohalla- Manpur, P.S.- Arrah Muffasil, District- Bhojpur, Arrah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate :

Mr. Sushil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP-129 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are in custody in connection with Ara Muffassil (Dhobaha) P.S. Case No. 133 of 2018 for offence under Section 272/273 of the Indian Penal Code and 30(a)/37(b) of Bihar Prohibition and Excise Act, 2016.

Learned counsel submits that the alleged liquor was recovered from the motorcycle, which does not belong to the petitioners. He submits that the petitioners have no criminal antecedent, they have been arrested only on suspicion. He further submits that the seizure list was prepared by the Police, which appears to the anti dated and there is no independent

Patna High Court Cr.Misc. No.33267 of 2018(2) dt.05-06-2018 2/2 witness in support of the case.

Considering the totality of the fact and situation, let the petitioners, above named, be released 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, Bhojpur, Ara in connection with Ara Muffassil (Dhobaha) P.S. Case No. 133 of 2018.

(Anil Kumar Upadhyay, J) Rakesh Kumar/Manoj U T