Patna High CourtCR. MISC./14131/2018bail granted

Bachhu Yadav And ORS v. The State Of Bihar

2018-03-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14131 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -CHANDI District- BHOJPUR ======================================================

1. Bachhu Yadav, Son of Ambika Rai,

2. Bhoolan Kumar @ Jhulan Kumar, Son of Badri Rai @ Badari Yadav,

3. Binay Kumar Son of Yotendra Yadav, all are resident of VillageBhadwar Police Station- Chandi, District- Bhojpur (Ara). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offence under Section-30(A) of Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 70 litres Mahua wine is recovered.

It has been submitted on behalf of the petitioners that petitioners are in custody since 20-01-2018 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 70 litres Mahua wine is recovered from Brahm Asthan. There is no compliance of Section-100 Cr.P.C. On behalf of the State, it is submitted that petitioners are

Patna High Court Cr.Misc. No.14131 of 2018 (2) dt.15-03-2018 named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that 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 learned 4th Additional District & Sessions Judge, Bhojpur, Ara in connection with Excise Case No. 127 of 2018 arising out of Chandi P.S. Case No. 02 of 2018.

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