Birendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77534 of 2018 Arising Out of PS. Case No.-487 Year-2018 Thana- MADHAURAH District- Saran ======================================================

1. Birendra Singh S/o Udan Singh, R/o Mohalla- Ward No. 3, Lohia Colony, P.S.- Ginaur, District- Sambhal, U.P.

2. Chhotelal @ Chhote lal Yadav S/o Ram Nath Yadav, R/o Mohalla- Ward No. 3, Lohia Colony, P.S.- Ginaur, District- Sambhal, Uttar Pradesh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Marhaura P.S. Case No. 487/2018, instituted for offences under Section(s) 188, 120(B)/ 34 of the Indian Penal Code read with Sections 30, 38 and 41 of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that police intercepted one truck and seized 789.40 litres of illicit foreign liquor along with empty transformer.

Learned counsel for the petitioners has submitted that there is no seizure from the aforesaid truck. He has drawn attention of this Court towards seizure-list in which it is mentioned that recovery has been made from the premises of

Patna High Court Cr.Misc. No.77534 of 2018(2) dt.15-01-2019 2/2 Adarsh Middle School, Marhaura, Khurd.

Petitioners are said to be driver and Khalasi of aforesaid truck.

Petitioners have clean antecedent. They are in custody since 28.10.2018.

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 Addl. District & Sessions Judge VIth, Saran at Chapra in connection with Marhaura P.S. Case No. 487/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T