Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80979 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== 1.

Nagendra Rai, (Male), aged about 46 years, S/o Late Jamun Rai, Resident of Village- Nawada Khurd, P.S.- Ganga Bridge, District- Vaishali. 2.

Shankar Rai (Male), aged about 30 years, S/o Kishun Rai, Resident of Village- Diwantok, P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anirudh Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 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 414 of the IPC and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 50 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are in custody since 16.10.2019. The petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court CR. MISC. No.80979 of 2019(2) dt.10-12-2019 2/2 present case. It is alleged that total 50 liters wine is recovered from possession of the petitioners. 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 Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur, in connection with Industrial Area P.S. Case No. 167 of 2019.

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