Feku Shah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3276 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- PANDAUL District- Madhubani ======================================================

1. Feku Shah s/o Sri Gunjan Shah Resident of Village- Maihi (Patti Tola), P.S. Bhairav Asthan, District- Madhubani.

2. Madan Kumar Shah s/o Gunjan Shah Resident of Village- Maihi (Patti Tola), P.S. Bhairav Asthan, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur Mr. Shashank Shekhar Mr. Nilesh Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Pandaul P.S. Case No. 187/2018, instituted for offence under Section(s) 272, 273, 406, 420/34 of the Indian Penal Code read with Sections 30(a), 36, 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016. It is alleged in the written report that 216 litres of Haryana made foreign liquor has been recovered from Indica Car in which petitioner no. 1 was found sitting. It is further alleged that 360 litres of Haryana made foreign liquor has been recovered from Scorpio vehicle in which petitioner no. 2 was found sitting.

Patna High Court Cr.Misc. No.3276 of 2019(2) dt.24-01-2019 2/2 Learned counsel for the petitioners has submitted that petitioners were not owner of aforesaid vehicles. In the written report it has come that entire assignment belong to Sonu Kumar Pandey and Monu Kumar Pandey.

Petitioners are in custody since 15.10.2018 having clean antecedent.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. 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 Addl. District & Sessions Judge-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 187/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T