Shyam Nandan Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59593 of 2018 Arising out of P.S. Case No.-280 Year-2018 ThanaGOVERNMENT OFFICIAL COMP. District- Gaya ===============================================

1. Shyam Nandan Prasad, S/o Shri Ramji Saw, R/o Vill.- Dhanarua, P.S.- Dhanarua, Distt.- Patna.

2. Gopal Kumar Choubey S/o Late Laxman Choubey, R/o Buxar, Golambar, P.S.- Nawanagar, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case registered for offences under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 67.50 litres of foreign liquor was recovered from the dickey of the car. It is contended that the petitioners were the passersby and had no concern with the alleged recovered illicit liquor or the car in question which was parked on the road. Nothing has been

Patna High Court Cr.Misc. No.59593 of 2018(2) dt.06-10-2018 2/2 recovered from the conscious possession of the petitioners. It is contended that the petitioners have no criminal antecedent. It is urged that the petitioners are in custody since 08.08.2018. Considering the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Gaya in connection with Excise Case No. 280 of 2018 with a condition that if the petitioners, after their release in this case, are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) Vikash/- U T