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Patna High CourtCR. MISC./71751/2019bail granted

Ramparvesh Sahani v. The State Of Bihar

2019-11-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71751 of 2019 Arising Out of PS. Case No.-862 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Ramparvesh Sahani, aged about 35 years (M), Son of Wokil Sahani @ Wakil Sahani, Resident of Village-Bardaha, P.S-Muffasil Motihari, District-East Champaran.

2.

Ram Babu Sahani, aged about 30 years (M), Son of Wokil Sahani @ Wakil Sahani, Resident of Village-Bardaha, P.S-Muffasil Motihari, District-East Champaran.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2019 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 Act, 2016.

The prosecution story, in brief, is that total 32 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 19.09.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.71751 of 2019(2) dt.15-11-2019 2/2 Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 32 liters wine is recovered from joint house of the petitioners where other family members also reside. 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 9th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari, in connection with Excise Case No. 862 of 2019.

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