Arun Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40501 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- KAHAIYA District- Muzaffarpur ======================================================

1. Arun Singh S/o Bharat Singh resident of Village- Mahmagpur Gang, P.S.- Baruraj, District- Muzaffarpur.

2. Prakash Kumar S/o Kantlal Rai resident of Village- Nawada, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2018 Heard the learned counsel for the petitioners and State.

The petitioners are in custody in connection with Kathaiya P.S. Case No. 108 of 2018 for the offence under Sections 414 of the I.P.C. and Section 30(A/32(I), 38(II)) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that petitioner no.2 has no criminal antecedent whereas petitioner no.1, against which one case is pending. Learned counsel submits that in the instant case total 55 liters liquor was seized from the vehicle. Learned counsel submits that petitioners were not aware that liquor was loaded in the vehicle in the Maruti Car. Petitioners are in custody since 09.05.2018.

Patna High Court Cr.Misc. No.40501 of 2018(2) dt.10-07-2018 2/2 Considering the fact that the petitioners have remained in custody for more than two months, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Kathaiya P.S. Case No. 108 of 2018.

(Anil Kumar Upadhyay, J.) Rajiv/- U T