Sanjeev Mallick v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66713 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- KALER District- Jehanabad ====================================================== 1.

Sanjeev Mallick, aged about 29 years (Male), Son of Ajit Mallick, Resident of Village - Tihar, P.O and P.S.- Mohna, Dist.- Sonipat (Haryana). 2.

Satvir, aged about 22 years (Male), Son of Ram Kunwar, Resident of Village - Mohna, P.O. and P.S.- Mohna, Dist.- Sonipat (Haryana). 3.

Deepak, aged about 23 years (Male), Son of Krishnajee, Resident of Village - Mohna, P.O. and P.S.- Mohna, Dist.- Sonipat (Haryana). 4.

Mogli @ Mogali @ Arun, aged about 24years, (Male), Son of Suresh Mallick, Resident of Village - Tihar P.O. and P.S.- Mohna, Dist.- Sonipat (Haryana).

5.

Sachhin @ Sachin @Chinna, aged about 19 years, (Male), Son of Deeleshwar, Resident of Village - Farmana, P.S.- Khurduda, Dist.- Sonipat (Haryana).

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ajay Kumar, Advocate.

For the Opposite Party :

Mr.Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 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 Act, 2016.

The prosecution story, in brief, is that total 883.65 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

Patna High Court CR. MISC. No.66713 of 2019(2) dt.21-10-2019 2/2 20.07.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 883.65 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Jehanabad, in connection with Excise Case No. 819/2019 (Kaler P.S. Case No. 50/2019).

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