Jamedar Nishad @ Jimedar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11873 of 2018 Arising Out of PS.Case No. -506 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Jamedar Nishad @ Jimedar Mahto, S/o- Late Sanichar Nishad, Resident of Village- Malhipur, Bind Toli, P.S.- Barauni, District- Begusarai. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ram Sumiran Rai, Advocate. For the Opposite Party : Mr. Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 13.12.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 7.200 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 7.200 liters wine is recovered from possession of the petitioner.
Patna High Court Cr.Misc. No.11873 of 2018 (2) dt.28-02-2018 2/2 The name of the petitioner has come on the basis of alleged recovered made from his possession. 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 Additional Sessions Judge-VIIth, Begusarai-cum-Spl. Judge, Excise Act, in connection with Barauni (Chakia) P.S. Case No. 506 of 2017. U.K./- (Sudhir Singh, J) U T