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Patna High CourtCR. MISC./63972/2019bail granted

Aman Kumar v. The State Of Bihar

2019-10-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63972 of 2019 Arising Out of PS. Case No.-259 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

Aman Kumar, aged about 32 years, Gender-Male, Son of Kashmir Chand, Resident of Village - Ward No. 11 Tibba Colony, Retiya, P.S.- Retiya, Distt - Fatehabad (Haryana).

2.

Chetan Chauhan, aged about 28 years, Gender-Male, Son of Rammul Singh Chauhan, Resident of Village - Dahra Sarifabad, P.S.- Bahadurganj, Distt - Hapud (U.P.) ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Pankaj Kumar Dubey, Advocate.

For the Opposite Party :

Mr.Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2019 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 450 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 21.07.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the

Patna High Court CR. MISC. No.63972 of 2019(2) dt.16-10-2019 2/2 present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 450 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 District and Sessions Judge-cum-Special Judge, Excise Act, Gopalganj, in connection with Barauli P.S. Case No. 259 of 2019.

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