Patna High CourtCR. MISC./51216/2016bail granted

Sachin Kumar @ Schin Kumar v. The State Of Bihar

2016-11-30Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51216 of 2016 Arising Out of PS.Case No. -254 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Sachin Kumar @ Schin Kumar, son of Vinod Singh, resident of VillageKoari Madan, P.S.- Jajorganj, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Sanjay Kr Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in judicial custody since 11.09.2016 in connection with C2/254/16,District-Sitamarhi, for the offence alleged under Section 47(a) of Bihar Excise (Amendment) Act, 2016.

The prosecution case is that the police patrolling party caught hold of two persons riding on a motor cycle. The other persons riding on another motor cycle managed to escape away. One of the person apprehended was the petitioner. On search 45 liters of wine in one bag and 9.9 liters of wine in another bag were found. Accordingly, the motor cycle and the wine were seized and seizure list was prepared.

Patna High Court Cr.Misc. No.51216 of 2016 (2) dt.30-11-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the present case. He further submits that there is no criminal history behind him and that charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the FIR , hence, opposes the prayer for bail.

Be that as it may, since the charge sheet has already been submitted, let, above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, in C2/254/16.

(Nilu Agrawal, J) singh/- U T