Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81958 of 2019 Arising Out of PS. Case No.-1159 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

UTTAM KUMAR Son of Bipin Jha Resident of Village- Madhopur Kapur, P.S.- Kudhani, District- Muzaffarpur 2.

Dharmendra Kumar S/o Sewak Mahato Resident of Village- Anant Kamtaul, P.S.- Kudhani, District- Muzaffarpur.

3.

Rajiv Kumar S/o Malu Mahato @ Malhu Mahto Resident of Village- Anant Kamtaul, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Ahiyapur P.S. Case No.1159 of 2019 registered under Sections 272 and 273 of the Indian Penal Code besides Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act.

The accusation is that the petitioners were found sitting in the bus from the dicky of which 96 bottles, each containing 180 ml., 48 bottles, each containing 375 ml., 18 bottles, each containing 180 ml., four bottles, each containing 375 ml., 47 bottles, each containing 180 ml, and 24 bottles, each

Patna High Court CR. MISC. No.81958 of 2019(2) dt.16-01-2020 2/2 containing 375 ml., Indian Made Foreign Liquor, kept in four bags, were recovered.

Learned counsel appearing on behalf of the petitioners submits that the petitioners have falsely been implicated in this case on mere suspicion and they having no criminal antecedents are in custody since 22.09.2019.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur, in connection with Ahiyapur P.S. Case No.1159 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T