Patna High CourtCR. MISC./52125/2016bail granted

Ashish Kumar And ANR v. The State Of Bihar

2016-12-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52125 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -BAUNSI District- BANKA ======================================================

1. Ashish Kumar Son of Ramu Gupta resident of Goshala Road, Nawgachiya, Police Station Nawgachiya, District- Bhagalpur

2. Bittu Kumar Son of Sunil Thakur, resident of Naya Tola, Nawagachiya, Police Station- Nawgachiya, District- Bhagalpur .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== With Criminal Miscellaneous No.53232 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -BAUNSI District- BANKA ====================================================== Abhay Kumar @ Avay Kumar, son of late Ramchandra Sah, resident of village Nayatola Nawgachhiya, P.S. Nawgachhiya, district Bhagalpur .... Petitioner

Versus

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

(In Cr.Misc. No.52125 of 2016) For the Petitioners : Mr. Viveka Nandsingh, Adv. For the Opposite Party : Mr. Umeshnand Pandit, APP 187 (In Cr.Misc. No.53232 of 2016) For the Petitioner : Mr. Sumeet Kumar Singh, Adv. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP 144 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Both the applications have been heard together and are being disposed of by this common order as both arise out of same first information report.

Heard the learned counsel for the petitioners and the State.

This is a petition for grant of regular bail for offence under Sections 47(A), 57 and 54 of the Excise Act. The petitioners were found carrying foreign liquor on their motorcycles. They are in custody since 07.09.2016. They have stated on oath that they have no criminal antecedent. In the aforesaid view of the matter, let the petitioners,

above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Bounsi P.S. Case No. 169 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, III, Banka, or successor Court with the condition that the petitioners shall file undertaking that in future they would not involve in such activities.

(Birendra Kumar, J) SA/- U √ T √