Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69469 of 2019 Arising Out of PS. Case No.-1053 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== 1.

Mukesh Kumar, Male, aged about 24 years, Son of Vijay Yadav, Resident of Village - Rakshani, P.S.- Barun, Distt - Aurangabad (Bihar). 2.

Pintu Kumar, Male, aged about 22 years, Son of Dhanuk Yadav, Resident of Village - Rakshani, P.S.- Barun, Distt - Aurangabad (Bihar). ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Lal Bahadur Singh, Advocate.

For the Opposite Party :

Mr.Kanhiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

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

The prosecution story, in brief, is that total 98 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 07.09.2019. The petitioner no. 2 has got no criminal antecedent. The petitioners have falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the

Patna High Court CR. MISC. No.69469 of 2019(2) dt.13-11-2019 2/2 present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 98 liters wine is recovered from the Auto Rickshaw. 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, 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 the learned Additional Sessions Judge-VII-cum-Special Judge, (Excise), Aurangabad (Bihar), in connection with Excise Case No. 1053/ 2019 of 2019.

(Sudhir Singh, J) U.K./- U T