Patna High CourtCR. MISC./54914/2018allowed

Arjun And ANR v. The State Of Bihar

2018-09-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54914 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- DUMARIAGHAT District- East Champaran ======================================================

1. Arjun, S/o Dharmpal Singh, R/o Ruprana , P.S.- Vinoli , Distt.- Bagapat U.P.

2. Wajid S/o Muntyaj, R/o Vaso , P.S.- Sindhwli Yhir , Distt.- Bagapat U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody since 5.6.2018 in connection with Dumariyaghat P.S. Case No. 91 of 2018 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have been arrayed in the instant case only because they were spectator. They are neither owners of the trucks nor in any manner connected with liquor kept in the trucks. Learned counsel for the petitioners submits that petitioners have no concern with the article contained in the truck. He submits that

Patna High Court Cr.Misc. No.54914 of 2018(2) dt.28-09-2018 2/2 petitioners are in custody since 05.06.2018.

Considering the fact that petitioners have remained in custody in this case for more than 3 1⁄2 months, let the petitioners named above to be released on bail after 21.10.2018 on furnishing bail bond of Rs.10,000/- (Rupees 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 East Champaran at Motihari in connection with Dumariyaghat P.S. Case No. 91 of 2018.

(Anil Kumar Upadhyay, J) T.Kr./- U T