Raushan Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8111 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Raushan Kumar Singh Son of Late Shiv Dayal Singh Resident of 75 Mahbir Shopping centre, P.S.- Kotwali, Ganga Nagar, Rajsthan at present Village- Jurawanpur Karari, P.S.- Jurawanpur, DistrictVaishali.

2. Anup Kumar Son of Laldev Rai @Lagan Dev Rai R/o Jurabanpur, P.S.- Jurabanpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek bail in Chowk P.S. Case No. 17 of 2017 instituted for the offence under Section(s) 272, 273, of the Indian Penal Code and Sections 30(a)/33/34/36/37(D)/38 of the Bihar Excise Act. It is alleged that 24 bottles of Royal Stag (375 ml) and 11 bottles Rum (750 ml) was recovered from possession of petitioner No. 1 and 20 bottles of Alexander Rum(750 ml) and 45 bottles (375 ml) Imperial Blue whisky was recovered from possession of petitioner No. 2.

It has been submitted that both these petitioners

Patna High Court Cr.Misc. No.8111 of 2017 (2) dt.07-03-2017 2/2 have no criminal antecedents and they have remained in custody since 25.01.2017.

From the written report, it appears that there is no allegation that these petitioners were involved in sale or purchase of illicit liquor.

Keeping in view the clean antecedent of the petitioners and the period spent by the petitioners in the custody, the prayer of the petitioners for 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 learned Judicial Magistrate, Patna City in connection with Chowk P.S. Case No. 17 of 2017, subject to the conditions that both the bailors shall be the close relative of the petitioners.

Both the petitioners will file separate affidavit in the lower Court that they will not indulge in such type of activity again in future and in the event, any such case is registered against them, the Court below will be at liberty to cancel the bail bond of the petitioners.

(Sanjay Priya, J) Shageer/- U T