Satish Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61112 of 2017 Arising Out of PS.Case No. -651 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================
1. Satish Kumar, Son of Ramashish @ Ramashis Yadav, Resident of Village- Telhara, P.S.- Telhara, District- Nalanda.
2. Rahul Kumar, Son of Arun Prasad, Resident of Village- Telhara, P.S.- Telhara, District- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek regular bail in connection with Sherghati P.S. Case No.651 of 2017 instituted for the offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 270 litres of illegal country made liquor from the Honda Accent vehicle and the petitioners were apprehended from the said vehicle. The learned counsel for the petitioners submits that they are neither the owner of the said vehicle nor anything has
Patna High Court Cr.Misc. No.61112 of 2017 (2) dt.21-12-2017 2/2 been recovered from their conscious possession and they were merely a co-passenger of the said vehicle. It is submitted that the petitioners have got a clean antecedent and they are in custody since 10.11.2017.
Considering the nature of accusation, the period of custody already undergone and the fact that they have got a clean antecedent, I direct the petitioners named above to be released on regular 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 Special Judge, Excise, Gaya in connection with Sherghati P.S. Case No.651 of 2017.
(Mohit Kumar Shah, J) N.H./- U T