Ashish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2169 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Ashish Kumar son of Dhurva Prasad Gupta, resident of Madhubani Ward No. 1, Police Station - K. Hat (Madhubani), District - Purnea.

2. Navneet Kumar Singh, son of Manoj Singh @ Manoj Kumar Singh, resident of village Pithora Ward No. 4, Police Station - Narpatganj, District - Araria, at present resident of mohalla - Sipahitola, Police Station - K. Hat, District - Purnea.

.... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

The petitioners seek bail in a case for the offences punishable under section 273 of the I.P.C. and 30A of the Bihar Excise Amendment Act.

Allegedly 15 litres 300 ml foreign liquor was recovered from the possession of the petitioners when they were going with motorcycle.

Submission is of false implication. Petitioners are students and they have been made victim of the circumstances. Petitioners have got clean antecedent and are in custody since

Patna High Court Cr.Misc. No.2169 of 2017 (2) dt.25-01-2017 2/2 21.11.2016.

The learned APP opposes the prayer of bail.

In the facts and circumstances as stated above, the petitioners, are directed to 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 A.C.J.M.II, Purnea in Baisi P.S. Case No. 204 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) A.I./- U