Niraj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30645 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -NAUTAN District- SIWAN ======================================================
1. Niraj Kumar, Son of Saheb Sah,
2. Kukesh Kumar, Son of Saheb Sah, Both are Resident of VillagePangwara, Police Station- Pachrukhi, District- Siwan. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek bail in a case instituted under Sections 272, 273, 308/34 of the Indian Penal Code and Section 30, 38 of Bihar Prohibition and Excise Act, 2016. It is alleged that 36 litres of country made liquor is said to have been recovered from the possession of the petitioners. It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.04.2017. The charge sheet has been submitted in the present case. The petitioner no.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 36 litres of country made liquor is said to have been recovered from the
Patna High Court Cr.Misc. No.30645 of 2017 (2) dt.07-07-2017 2/2 possession of the petitioners. There is no compliance of section 100 of the Cr.P.C.
On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Siwan, in connection with Nautan P.S. Case No.73 of 2017. (Sudhir Singh, J) Amit/- U T