Patna High CourtCR. MISC./56729/2018bail granted

Satish Kumar And ANR v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56729 of 2018 Arising Out of PS.Case No. -493 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================

1. Satish Kumar, S/o Arun Kumar ,

2. Vikash Kumar, S/o Jagdish Prasad, Both R/o Vill.- Badi Pahari, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s: Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-09-2018 Counsel for the petitioner is permitted to make necessary correction in paragraph-14 of the bail petition during course of the day.

Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Barachatti P.S. Case No. 493 of 2018 instituted for the offence under Sections 420, 467, 468, 471/34 of the Indian Penal Code, Sections 30(a), 38, 42 and 47 of Bihar Excise (Prohibition) Amendment Act, 2016. Counsel for the petitioners submits that total 180 Liters of foreign liquor has been recovered from Indigo car. Petitioner No. 1 is said to be the driver of the car and petitioner No. 2 was found sitting on the car. Counsel for the petitioners further

Patna High Court Cr.Misc. No.56729 of 2018 (2) dt.28-09-2018 2/2 submits that petitioner is in custody since 24.07.2018. In the seizure list which is part of the First Information Report it is mentioned that Mobile phones have been recovered from conscious possession of the petitioners. It is mentioned in the seizure list the liquors were kept in the vehicle. The arrested persons disclosed the name of owner of vehicle as Anup Kumar.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya, in connection with Barachatti P.S. Case No. 493 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T