Shahid Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73365 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

SHAHID CHOUDHARY Son of Ghasitu @ Ghasitu Chaudhary Resident of Village- Harsauli House NO.- 583, P.S.- Shahpur, District- Muzaffarnagar. (Uttar Pradesh) 2.

Sohanveer Son of Late Biram Singh Resident of Village- Harsauli House NO.- 583, P.S.- Shahpur, District- Muzaffarnagar. (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 30(a), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 2670.480 liters wine is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 21-09-2019. It is alleged that 2670.480 liters wine is recovered from the truck in question. The truck, in question does not belong to the

Patna High Court CR. MISC. No.73365 of 2019(2) dt.18-11-2019 2/2 petitioner. The petitioner is not named in the FIR. His name transpired in this case in course of investigation merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

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 learned Special Judge, Excise, Patna in connection with Special Case No. 4924 of 2019 arising out of P.R. Case No. 94 of 2019. (Sudhir Singh, J) A.K.V.//- U T