Santosh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25424 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Santosh Kumar son of Kameshwar Prasad Sinha

2. Radhey Kumar son of Ramavatar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. 172 liters of country made liquor, kept in several bottles, was recovered from a dickey of the car in which petitioners were found sitting.

Submission on behalf of the petitioners is that the alleged recovery was made before coming into force the new Excise Act, 2016 and petitioners do not have any criminal antecedent and, therefore, they appear to be first offenders and, moreover, petitioners are in jail custody since 13.03.2016. Considering the aforesaid facts and circumstances as well as period of detention of the petitioners in jail custody, let the petitioners, above named, be released on bail on furnishing

Patna High Court Cr.Misc. No.25424 of 2016 (3) dt.20-06-2016 2/2 bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S.Case No. 76 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T