Patna High CourtCR. MISC./17155/2017allowed

Ramesh Kumar And ANR v. The State Of Bihar

2017-05-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17155 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Ramesh Kumar, son of Shri Biteshwar Rai, resident of Water Tower, Quarter NO.1, P.S.- Kotwali, District-Patna

2. Rajiv Ranjan, son of late Ramchandra Sao, resident of Postal Park Chauraha, P.S.-Kankerbagh, District-Patna .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are accused in Ram Krishna Nagar P.S. Case No. 34 of 2017, punishable for the offences under sections 419 and 420 of the Indian Penal Code and under Sections 30(a), 35(C), 32 of the Bihar Prohibition and Excise Act, 2016. Admittedly, the petitioners are not owners of M/s. Sidhi Enterprises. They are Managers and Accountants in the Sidhi Enterprises at Patna.

In this case, FSL report was called for vide order dated 26.04.2017. On perusal of FSL report, it transpires that the bottles contained only 2.24 to 2.58 percentage of alcoholic beverage.

Patna High Court Cr.Misc. No.17155 of 2017 (4) dt.22-05-2017 2/2 Having considered the FSL report, I am inclined to enlarge the petitioners, named above, on bail on furnishing bail bond of Rs. 10, 000/- (Ten thousand) with two sureties of the like amount each to the satisfaction learned Chief Judicial Magistrate, Patna, in connection with Krishna Nagar P.S. Case No. 34 of 2017, subject to the condition that the petitioner will extend all cooperation in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T