Patna High CourtCR. MISC./8440/2018bail granted

Umesh Sah @ Tikar v. The State Of Bihar

2018-02-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8440 of 2018 Arising Out of PS.Case No. -548 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Umesh Sah @ Tikar, S/o Rajvanshi Sah, R/o Chakiya Road, P.S.- Siwan Mahadewa (O.P.), District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Dubey, Advocate. For the Opposite Party : Mr. Satyadev Prasad Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 22.11.2017 in a case for the offence registered under Sections 41(i) and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 3.960 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 3.960 liters wine is recovered from joint house of the petitioner.

Patna High Court Cr.Misc. No.8440 of 2018 (3) dt.27-02-2018 2/2 The name of the petitioner has come on the basis of alleged recovery made from joint house of the petitioner where other family members also reside. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 2nd Siwan, in connection with Siwan Mufassil (Mahadewa O.P.) P.S. Case No. 548 of 2017.

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