Danger Khatik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30810 of 2017 Arising Out of PS.Case No. -625 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Danger Khatik, Son of Late Gulab Khatik, resident of Village- Chalaniya, P.S.- Sasaram (Nagar), District- Rohtas.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ganesh Sharma, Advocate. For the Opposite Party : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.05.2017 in connection with Sasaram (T) P.S. Case No. 625 of 2017 for the offences instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on 08.05.2015, on secret information, the informant and other police persons caught the petitioner and recovered 11 liters of country made liquor from his bag.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.05.2017 and the charge sheet has

Patna High Court Cr.Misc. No.30810 of 2017 (2) dt.10-07-2017 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. 11 liters of country made liquor is said to have been recovered from the bag of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

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 A.D.J. II-cumSpecial Court, Excise, Rohtas at Sasaram, in connection with Sasaram (T) P.S. Case No. 625/2017.

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