Shailendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78834 of 2018 Arising Out of PS. Case No.-379 Year-2018 Thana- ISLAMPUR District- Nalanda ======================================================

1. Shailendra Prasad S/o Late Raghuni Mahto

2. Mukesh Kumar Nirala

3. Rakesh Kumar Raushan Both Sons of Shailendra Prasad All are R/villBhagwatpur, P.S-Islampur, Distt.-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 This application, for grant of anticipatory bail, arises out of Islampur P.S. Case No. 379/18, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of huge quantity of liquor from the pick up van parked in front of the house of the petitioner and the said liquor alleged to be of the petitioners. Submission of learned counsel for the petitioners is that they have no criminal antecedent and have falsely been implicated in this case only because the vehicle from which huge quantity of liquor has been recovered, was parked in front of the house of the petitioners and except that there is nothing against the petitioners.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.78834 of 2018(2) dt.11-01-2019 2/2 Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional District and Sessions Judge cum Special Judge Excise, Nalanda, Biharsharif, in connection with Islampur P.S. Case No. 379/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T