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Patna High CourtCR. MISC./71429/2019bail granted

Rajeev Sah @ Rajiv Sah And ANR v. The State Of Bihar

2019-11-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71429 of 2019 Arising Out of PS. Case No.-605 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

Rajeev Sah @ Rajiv Sah (Male), aged about 34 years, Son of Bilasi Sah, Resident of Village- Kuari Madan, Ward No.8, Police Station- Mejorganj, District- Sitamarhi.

2.

Lal Kishor Paswan (Male), aged about 25 years, Son of Ram Chandra Paswan, Resident of Village- Kuari Madan, Ward No.3, Police StationMejorganj, District- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Pushpendra Kumar Singh, Advocate.

For the Opposite Party :

Mr.Bharat Lal, 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 36 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 16.09.2019. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.71429 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 36 liters wine is recovered. 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 A.D.J.- II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Complaint Case No. C-2/605 of 2019.

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