Rishi Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4536 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Rishi Kumar, Son of Late Raja Ram Mahto,

2. Nunu Lal Yadav, Son of Sri Sukhdev Yadav, Both are Resident of Village- Telni, P.S.- Bithan, District- Samastipur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Krishna Prasad Singh, Advocate For the Opposite Party : Mr. Awadhesh Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the offence under Section 273 of the Indian Penal Code and Section 47(a) and 54 of Bihar Excise (Amendment) Act. It has been submitted that foreign liquor as mentioned in the written report has been recovered from possession of these petitioners. The seizure list enclosed with the First Information Report shows that seizure has been made near the bridge. The seizure list does not bear the signature of these petitioners, although it is mentioned in the written report that both these petitioners were apprehended on the spot. They are said to be in custody since 25.10.2016.

Patna High Court Cr.Misc. No.4536 of 2017 (2) dt.14-02-2017 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Rosera, Samastipur, in connection with Bithan P.S. Case No. 125 of 2016, subject to the condition that both the bailors will be the close relative of the petitioners. (Sanjay Priya, J.) ravi/- U T