Patna High CourtCR. MISC./61367/2019bail granted

Nawal Kishore Singh v. The State Of Bihar

2019-09-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61367 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- GURARU District- Gaya ====================================================== 1.

Nawal Kishore Singh, aged about 55 years, Male, S/o Late Pargan Singh, R/o village- Diha, P.S.- Guraru, District- Gaya. 2.

Babua Manjhi, aged about 37 years, Male, S/o Late Pachu Manjhi, R/o village- Jagandiha, P.S.- Guraru, District- Gaya. 3.

Sunita Devi, aged about 35 years, W/o Babua Manjhi, R/o villageJagandiha, P.S.- Guraru, District- Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vinod Kumar, Advocate.

For the Opposite Party :

Mr.Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 30(a)(b) and (c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 25 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 29.07.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.61367 of 2019(2) dt.26-09-2019 2/2 Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 25 liters wine is recovered from the hut of the petitioners. 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 Excise Judge, Gaya, in connection with Guraru P.S. Case No. 102 of 2019.

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