Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57095 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.

Vivek Kumar, aged about 22 years, Male, S/o Upendra Prasad Singh, R/o village- Jarangdih, P.S.- Gaighat, District- Muzaffarpur. 2.

Prakash Kumar, aged about 28 years, S/o Late Ravindra Prasad Singh, R/o village- Jarangdih, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Devendra Kumar, Advocate.

For the Opposite Party :

Mr.Parmanand Kumar, A.P.P.

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

The petitioners seek bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 92.340 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 05.08.2019. 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.57095 of 2019(2) dt.09-09-2019 2/2 implicated in the present case. It is alleged that total 92.340 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is 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, Muzaffarpur, in connection with Excise Case No. 128 of 2019.

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