Rajesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31257 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Rajesh Kumar, son of Late Ram Vilash Singh, resident of Kanhaiya Nagar, Dideshwarpur, P.S. and District - Nawada.

2. Ravindra Sharma, son of Ram Sudhir Sharma, resident of Village - Warnpur, Puraniya Talab near Kachu Basan, Ward No. 80, PS Hirapur, District - Barwan State, West Bengal.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rajesh Kumar Sinha, Advocate. For the Opposite Party : Mr. Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Learned counsel for the petitioners is permitted to make necessary correction in the address of petitioner no. 2, in course of the day.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 09.04.2017 in connection with Lakhisarai (Kawaiya) P.S. Case No. 151/2017 for the offences instituted under Sections 272, 273, 290 of the IPC, 30(a) and 38(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on 09.04.2017, the

Patna High Court Cr.Misc. No.31257 of 2017 (2) dt.10-07-2017 2/2 informant recovered 18 liters of foreign liquor and other things from possession of the petitioners.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 09.04.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. They have got no criminal antecedent. 18 liters of foreign liquor is said to have been recovered from possession of the petitioners. No compliance of Section 100 Cr. P.C. has been made in the present case.

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 bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Lakhisarai, in connection with Lakhisarai (Kawaiya) P.S. Case No. 151/2017. U.K./- (Sudhir Singh, J) U T