Lal Babu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47863 of 2019 Arising Out of PS. Case No.-270 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== 1.

Lal Babu Kumar Son of Baidhnatha Mahto Resident of Village-Akopur, P.S.-Cheriya Bariyarpur, District-Begusarai.

2.

Ritesh Kumar Son of Ram Udgar Singh @ Ram Udgar Mahto Resident of Village-Akopur, P.S.-Cheriya Bariyarpur, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Barauni (Garhara) P.S. Case No. 270 of 2019 for the offence under section 30 and 30(a) of Bihar Prohibition and Excise Act,2016 and section 188 of the Indian Penal Code.

Learned counsel for the petitioners would submit that petitioners have no criminal antecedent.

Learned counsel for the petitioners further submits that in the instant case total 72 liters of liquor was seized. The liquor was not seized from the conscious possession of the petitioners. He submits that the aforesaid substance was not sent

Patna High Court CR. MISC. No.47863 of 2019(2) dt.01-08-2019 2/2 for lab test to ascertain whether the seized substance was liquor or not?

The petitioners are in custody since 21.6.2019. Considering the fact that petitioners have no criminal antecedent, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged 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 Additional Sessions Judge-II-cum-Special Judge Excise Act, Begusarai, in connection with Barauni P.S. Case No. 270 of 2019.

(Anil Kumar Upadhyay, J) Ravi/- U T