Patna High CourtCR. MISC./29823/2016bail granted

Mukesh Kumar And ANR v. The State Of Bihar

2016-09-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29823 of 2016 Arising Out of PS.Case No. -201 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Mukesh Kumar Son of Kuldeep Yadav,

2. Pawan Kumar son of Sakaldeo Yadav. Both resident of villageKhemchand Bigha, P.S. Nawada District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2016 Heard both sides.

The petitioners apprehend their arrest in Town (Nawada) P.S. Case No. 201/2016, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47(A)(F) of the Excise Act.

The police recovered 80 litres of country made liquor made from Mahua in Nanaura Tola, Amarjagdishpur from a wheat field. It is alleged that the petitioners fled away after seeing the police.

Learned counsel for the petitioners submits that the place of occurrence is Nanaura Tola, Amarjagdishpur and the petitioners are resident of Khemchand Bigha. Country made liquor

Patna High Court Cr.Misc. No.29823 of 2016 (2) dt.06-09-2016 2/2 was found from a field and not from the possession of the petitioners. The field is situated in another village of Nanaura in Amarjagdishpur Tola.

Considering the facts aforesaid and the fact that the petitioners were not apprehended on the spot and on mere suspicion the name of the petitioners came, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Nawada in connection with Nawada (Town) P.S. Case No. 201/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T