Kanhaiya Singh @ Brajesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47035 of 2017 Arising Out of PS. Case No.-387 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi ======================================================

1. Kanhaiya Singh @ Brajesh Kumar, Son of Sri Upendra Singh

2. Ajay Mahto, Son of Sri Shiv Shankar Mahto, Both Resident of VillageAthari, police station- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 22-09-2017 Heard learned counsel for the parties.

Applicants have been arrested in connection with Runnisaidpur P.S. Case No.387 of 2017 for the offences under Sections- 30, 30(g), 38(1) (2) of the Bihar Prohibition and Excise Act, 2016. They are in custody since 8.8.2017. No liquor has been seized from the applicants. They are only implicated on the basis of seizure of a mobile and the fact that they were in communication on mobile with the main accused.

Keeping in view the nature of allegations levelled against the applicants and the fact that there was no seizure from them rather the seizure was from a hut, which is not shown to be in the ownership of the applicants, the application is allowed.

Patna High Court Cr.Misc. No.47035 of 2017(2) dt.22-09-2017 2/2 Applicants named above are directed to be released on bail on furnishing the bail-bonds of Rs.25,000/- (twenty-five thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd-cum-Special Judge, Excise Act, Sitamarhi, in connection with Runnisaidpur P.S. Case No.387 of 2017.

(Rajendra Menon, CJ) K.C.Jha/- U