Patna High CourtCR. MISC./29733/2016bail granted

Kishore Yadav v. The State Of Bihar

2016-09-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29733 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Kishore Yadav .... .... Petitioner

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate and Mr. Tarun Kumar Sinha, Advocate.

For the Opposite Party : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 21.05.2016 in connection with Muffasil P.S. Case No. 92 of 2016 for the offences instituted under Section 47(a) of the Excise Act. The prosecution story, in brief, is that the petitioner and his wife are licensee of liquor business for the financial year 201516 and after notification of prohibition of liquor in the State of Bihar, both the accused persons concealed the liquor remained in hand and shifted them to other houses for sale instead of returning the same to the authority as per new notification. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.05.2016 and the charge sheet has

Patna High Court Cr.Misc. No.29733 of 2016 (3) dt.08-09-2016 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. The recovery of foreign wine is denied by learned counsel for the petitioner. There is no compliance of Section 100 Cr. P.C. The other co-accused has been granted anticipatory bail by another coordinate Bench of this Court vide Cr. Misc. No. 24976 of 2016. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger, in connection with Muffasil P.S. Case No. 92 of 2016. U.K./- (Sudhir Singh, J) U T