Patna High CourtCR. MISC./75963/2018bail granted

Raj Kumar Prasad @ Raj Kumar And ANR v. The State Of Bihar

2018-12-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75963 of 2018 Arising Out of PS. Case No.-337 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ======================================================

1. Raj Kumar Prasad @ Raj Kumar, Son of Dwarika Mahto.

2. Chhotelal Prasad, Son of Punit Mahto.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 30 (a) and 56 (b) of the Bihar Prohibition and Excise Act, 2016. Petitioner's counsel submits that recovery of 37.5 liters of foreign liquor from vehicle in question cannot be attributed to the petitioners as they are not owner of the vehicle in question and were bonafide passengers of the vehicle. He submits that prior to the instant case the petitioners have no criminal antecedent and they are in custody since 05.11.2018. He also submits that the seizure is not in accordance with procedure prescribed under Section 100 Cr.P.C. In the facts and circumstances of the case, prayer

Patna High Court Cr.Misc. No.75963 of 2018(2) dt.17-12-2018 2/2 for bail of the petitioners is allowed. Let the petitioners above named be released on bail on their furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional District JudgeII-cum-Special Judge, Nawada in G.O. Case No. 337 of 2018 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U