Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56882 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- BAUSI District- Purnia ====================================================== 1.

Ajay Kumar, aged about 20 years (Male), Son of Deo Narayan Das @ Dev Narayan Das, Resident of Village - Bibiganj Naya Tola, Ward No.31, P.S.- K.Hat, Dist.- Purnea.

2.

Mukesh Kumar Kesri, aged about 28 years (Male), Son of Kishore Kesri Resident of Village - Sitipur, P.S.- Sitipur, Dist.- Bardhman (W.B), at Present C/o Chhotu Gupta, Resident of Rambag, P.S.- Sadar, Dist.- Purnea. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Viveka Nandsingh, Advocate.

For the Opposite Party :

Mrs. Rina Sinha, 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 25.07.2019 in a case for the offence registered under Sections 272, 273 of the IPC, 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 45.750 liters wine 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.56882 of 2019(2) dt.09-09-2019 2/2 implicated in the present case. It is alleged that total 45.750 liters wine is recovered. 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 Second Additional Sessions Judge-cum-Special Judge, Excise, Purnea, in connection with Special Excise Case No. 562 of 2019, arising out of Baisi P.S. Case No. 169 of 2019.

(Sudhir Singh, J) U.K./- U T