Satish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80460 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- DIGHA District- Patna ======================================================

1. Satish Kumar, Son of Birendra Kumar

2. Anish Kumar, Son of Madan Rai, Both are resident of Village/MohallaYadubanshi Nagar, Akhara Road, Digha Police Station- Digha District- Patna. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2019 Petitioners seek bail in anticipation of their arrest in connection with Special Case No. 4812 of 2018, arising out of Digha P.S. Case No. 265 of 2018 registered for the offences punishable under Sections 30(a) and 38(ii) of the Bihar Prohibition and Excise Act.

Allegation as per FIR is of recovery of 10 litres of liquor from the bushes and they are not named in the FIR and later on their names transpired during course of investigation. It further appears that they are accused in two other cases.

Submission of learned counsel for the petitioners is that they are not named in the FIR and they have falsely been implicated. Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let petitioners, above named,

Patna High Court Cr.Misc. No.80460 of 2018(3) dt.14-02-2019 2/2 surrender within a period of six weeks from the receipt of this order and on surrender they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Special Case No. 4812 of 2018 arising out of Digha P.S. Case No. 265 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that if in future their active participation in such type of cases is found, prosecution is at liberty to move for cancellation of their bail bonds.

With the above observation, this application is disposed of.

Let this order be communicated to the Sr.S.P., Patna. (Vinod Kumar Sinha, J) spal/- U T