Kuldeep Kumar @ Kuldeep Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57418 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== 1.

Kuldeep Kumar @ Kuldeep Kumar Yadav Son of Kapil Dev Yadav Resident of Village - Telni, P.S.- Bithan, dist.- Samastipur. 2.

Akhshya Man Chandra @ Akshyaman Chanda Son of Late Satish Man Chandra @ Satish Chandra Resident of Village - Azadpur Maznish Para, Gali No.3, House No. A/201, P.S.- Aadarshnagar,Dist- North Delhi.33,Delhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 17.220 liters wine is recovered from the petitioners and arms and cartridges are recovered from co-accused.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.11.2017 and have got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of

Patna High Court CR. MISC. No.57418 of 2019(2) dt.11-09-2019 2/2 witnesses alleged against the petitioners. It is alleged that 17.220 liters wine is recovered from the petitioners. No arms is alleged to have been recovered from the petitioner. Same is recovered from co-accused. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd-cum-Special Judge, Excise Act, Samastipur in connection with Bithan P.S. case No.58 of 2019. (Sudhir Singh, J) Narendra/- U T