Santosh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63931 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- BASANHI District- Saharsa ======================================================

1. Santosh Kumar Son of Ashok Sada

2. Bhushan Sada Son of Moti Sada Both residents of VillageParokiya, P.S. Sonbarsa Raj, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners who are in custody, seek bail in connection with Special (Excise) Case No. 390 of 2018 arising out of Basnahi P.S. Case No. 80 of 2018 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners are of recovery of 20 liters country made liquor in a bag from the motorcycle of the petitioners.

It has been submitted on behalf of the petitioners that petitioner are innocent and have been falsely implicated in this case. Nothing has been recovered from the possession of the

Patna High Court Cr.Misc. No.63931 of 2018(2) dt.31-10-2018 2/2 petitioners. Petitioners have no criminal antecedent. Petitioners are in custody since 28.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.S.I. II-cum-Special Judge (Excise) Saharsa in connection with Special (Excise) Case No. 390 of 2018 arising out of Basnahi P.S. Case No. 80 of 2018.

(S. Kumar, J) Rajiv/Manoj U T