Pramod Kumar And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.3399 of 2017 (2) dt.10-02-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3399 of 2017 Arising Out of PS.Case No. -46 Year- 2016 Thana -JIRADEI District- SIWAN ======================================================
1. Pramod Kumar, S/o Amir Yadav,
2. Mahesh Yadav, S/o Gauri Chaudhary, R/o Vill.- Habib Nagar, P.S.- Hussain Ganj, Dist.- Siwan.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Zeeradei P.S. Case No. 46 of 2016, registered under Sections 272, 273 and 308 of the Indian Penal Code and Sections 47A/53(B) of the Bihar Excise Act, 2016.
The accusation is of recovery of 21 cartoons, each containing 45 plastic bottles of 200 ml of country made liquor from Mahindra Maxima Van, which was driven by the petitioner no. 1, in which, petitioner no. 2 and one Brajesh Kumar were also found sitting. On query, the petitioners disclosed the name of owner of the vehicle as Ram Singh, resident of Ram Nagar, P.S.
Patna High Court Cr.Misc. No.3399 of 2017 (2) dt.10-02-2017 Town, District Siwan.
Learned counsel for the petitioners submits that petitioners have no criminal antecedent and are in custody since 09.10.2016. It is further submitted that co-accused, Ram Singh, who is the owner of the said vehicle, has already been granted privilege of bail by this Court vide order dated 14.12.2016 passed in Criminal Misc. No. 52588 of 2016.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Zeeradei P.S. Case No. 46 of 2016. Out of two sureties, one surety must be the close relative of the petitioners. (Rajendra Kumar Mishra, J) Bhardwaj/- U T