Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56852 of 2019 Arising Out of PS. Case No.-184 Year-2019 Thana- KHAGAUL District- Patna ====================================================== 1.

Om Prakash, aged about 32 years (M), Son of Late Kamta Sah, Resident of Village-Bishunpura, P.S.-Udwanat Nagar, District-Bhojpur. 2.

Pankaj Kumar, aged about 18 years (M), Son of Gajadhar Prasad, Resident of Village-Jarge Bazar Bihiya, P.S.-Bihiya, District-Bhojpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Manindra Kishore Singh, Advocate.

For the Opposite Party :

Mr.Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 22.07.2019 in a case for the offence registered under Section 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 30 Kg. Mahua is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court CR. MISC. No.56852 of 2019(2) dt.09-09-2019 2/2 implicated in the present case. It is alleged that total 30 Kg. Mahua is recovered from possession of petitioners. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, in connection with Special Case No. 6521 of 2019, arising out of Khagaul P.S. Case No. 184 of 2019. (Sudhir Singh, J) U.K./- U T