Shiv Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67715 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

SHIV NATH YADAV Son of Jagdish Yadav Resident of Village-Madhupur, Banauli, Police Station-Sinari, District-Darbhanga. 2.

Umesh Kumar Mandal Son of Late Janakdhari Mandal Resident of VillageTarma, Police Station-Runisaidpur, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 30(a) of the Bihar Prohibition and (Amendment) Excise Act, 2018.

The prosecution case, in short, is that 33 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 31-07-2019. Charge sheet/Prosecution report in this case has already been

Patna High Court CR. MISC. No.67715 of 2019(2) dt.23-10-2019 2/2 submitted. It is alleged that 33 liters wine is recovered from the vehicle, in question. The petitioner Nos. 1 & 2 are the driver and the assistant driver of the vehicle, in question. They had no knowledge regarding the nature of goods kept in the vehicle, in question. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Excise Case No. 250 of 2019. (Sudhir Singh, J) A.K.V.//- U T