Sumit Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.17905 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17905 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Sumit Kumar Son of Kailash Mandal,

2. Vikash Kumar Mandal, Son of Umesh Mandal, Both Resident of Village- Tinpuliya, P.S. Jagdishpur, District- Bhagalpur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Indeshwari Prasad Mandal, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 02.02.2017 in connection with Rajoun P.S. Case No. 41 of 2017 for the offences alleged under Sections 30(a), 32(ii) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with the alleged recovery of about 91 litres of foreign liquor. Recovery of the offending goods from the possession of the petitioner is denied. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 02.02.2017 already suffered, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.17905 of 2017 (2) dt.11-04-2017 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 41 of 2017. (Vikash Jain, J) Md. Ibrarul/BT U T