Subhash Yadav @ Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61744 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- KOTWA District- East Champaran ====================================================== 1.

Subhash Yadav @ Subhash Rai (Male), aged about 42 years, Son of Dineshwar Rai @ Dineshar Ray, Resident of Village - Kalyanpur Brit, P.S.- Kotwa, Dist.- East Champaran.

2.

Shankar Rai @ Shankar Yadav (Male), aged about 28 years, Son of Dineshwar Rai @ Dineshar Ray, Resident of Village - Kalyanpur Brit, P.S.- Kotwa, Dist.- East Champaran.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Anuj Kumar, Advocate.

For the Opposite Party :

Mr.Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 272, 273/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 41.4 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 05.08.2019. The petitioners have falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of

Patna High Court CR. MISC. No.61744 of 2019(2) dt.14-10-2019 2/2 tampering with the witnesses alleged against the petitioners. It is alleged that total 41.4 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-IXth-cum-Special Judge, Excise, East Champaran at Motihari, in connection with Kotwa P.S. Case No. 191 of 2019.

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