Mahendra Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14133 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Mahendra Harijan, Son of Late Batan Harijan, Resident of VillageGadel, P.S. Amarpur, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Section-30(a) of Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 33 litres wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-09-2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that 33 litres wine is recovered from joint house of the petitioner. There is no compliance of Section-100 Cr.P.C. On behalf of the State, it is submitted that petitioner is named in the F.I.R./complaint case.

Patna High Court Cr.Misc. No.14133 of 2018 (2) dt.15-03-2018 Considering the aforesaid facts and circumstances, it is directed that 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 learned 2nd Additional District & Sessions Judge, Banka in connection with Amarpur P.S. Case No. 177 of 2017.

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