Shital Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31413 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -PARIHAR District- SITAMARHI ======================================================

1. Shital Prasad, Son of Late Baldeo Prasad,

2. Shivam Kumar, Son of Shital Prasad,

3. Mukund Kumar, Son of Shital Prasad, All are Resident of VillageSutihara, P.S.- Parihar, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 272, 273 of the I.P.C. and 30(a), 38(1)(2), 41 of the Bihar Prohibition and Excise Act, 2016. Allegation is that 31.980 liters of Nepali wine was recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.5.2017. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 31.980 of Nepali wine is said to have been recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the

Patna High Court Cr.Misc. No.31413 of 2017 (2) dt.10-07-2017 2/2 petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi in connection with Parihar P.S. case No.86 of 2017. (Sudhir Singh, J) Narendra/- U T