Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55576 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Raj Kumar Son of Surendra Yadav Resident of Tikuli Par, P.S.- Bihar, District- Nalanda.

2.

Tun-Tun Paswan Son of Late Ramlagan Paswan Resident of Baharpura, P.S.- Rahui, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-09-2019 Counsel for the petitioners submits that he may be allowed to correct para 9 of the petition.

Permission is accorded. Let the same be done in course of the day.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners seeks bail in a case registered under section 30(a) of Bihar Excise Act.

240 liter beer is alleged to have been recovered from the vehicle.

It is submitted that petitioners were merely travelling in the vehicle by taking lift and had no concern with the content thereon. The driver who was actually carrying prohibited article

Patna High Court CR. MISC. No.55576 of 2019(3) dt.30-09-2019 2/2 had fled away.

Petitioners have no criminal antecedent and are in custody since 19.06.2019.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge IIcum- Special Judge, Excise Act, Nawada in Mufassil P.S. Case no. 174/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T