Manish Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 33990 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- Salimpur District- Patna ======================================================
1. Manish Kumar, S/o Late Ram Nath Ray,
2. Ravi Shankar Kumar S/o Late Binod Ray, Both R/o Vill.- Saidpur, P.S.- Salimpur, District- Patna.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
14-06-2018 Heard Sri Jay Ram Prasad, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Salimpur P.S. Case No. 45 of 2018, corresponding to Special Case No. 1913 of 2018 registered for offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender. At the very outset, learned counsel for the petitioners has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent. It has also been argued that nothing was recovered either from conscious possession of the petitioners or petitioners' premises, rather in the case, opposite to house of petitioners, it was
Patna High Court Cr.Misc. No.33990 of 2018(2) dt.14-06-2018 2/2 alleged, as if, three bottles containing 200 ml. each of countrymade liquor were buried in the field and it was shown to be recovered and only on suspicion, petitioners have been made accused.
Considering the fact that both the petitioners are having clean antecedent and nature of accusation, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners namely Manish Kumar and Ravi Shankar Kumar be enlarged 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, Patna in connection with Special Case No. 1913 of 2018, arising out of Salimpur P.S. Case No. 45 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J.) anay U T