Sanjiv Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6073 of 2018 Arising Out of PS. Case No.-701 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ======================================================

1. Sanjiv Kumar son of Raghubir Saran Singh, resident of village Rampur Parori East, P.S. + District Sitamarhi

2. Pravin Kumar son of Ganeshi Mahto of village resident of village Rampur Parori East, P.S.+District Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

SMT. VEENA RANI PRASADD.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 360 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 12.12.2017 and have got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 360

Patna High Court Cr.Misc. No.6073 of 2018(3) dt.17-02-2018 2/2 liters wine is recovered from the car. The car in question does not belong to the petitioners. The petitioners were sitting in the said car as co-passengers. The petitioners had no knowledge that the liquor was kept in the car 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./complaint case.

Considering the aforesaid facts and circumstances, it is directed that 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 District Judge II-cum-Special Judge, Excise Act, Sitamarhi in connection with Case No. C-2/701 of 2017. (Sudhir Singh, J) Narendra/- U T