Patna High CourtCR. MISC./26838/2017bail granted

Chhotu Kumar Rai @ Chhotu Kumar v. The State Of Bihar

2017-07-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26838 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Chhotu Kumar Rai @ Chhotu Kumar, Son of Ram Sewak Rai. Resident of Village- Chakiya, P.S.- Barauni (Chakia O.P.) District- Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

2. Baij Nath Pandey, Son of Late Ishwari Pandey. Resident of VillageSukhet, P.S.- Jhanjharpur.

3. Smt. Nirmala Kumari, Wife of Shiv Kumar Safi,

4. Birwal Safi, Son of Ramji Safi.

5. Bhuneshwar Pandey, Son of Anant Pandey, Nos. 3 to 5 residents of Village- Deep, P.S.- Madhepur, All District- Madhubani. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 188 of the Indian Penal Code and Section 30(A) of Bihar Excise Act.

It is alleged that 6 litres of country made liquor is said to have been recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.04.2017. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 6 litres of country made wine is said to have been recovered

Patna High Court Cr.Misc. No.26838 of 2017 (2) dt.07-07-2017 2/2 from the possession of the petitioner. There is no compliance of section 100 of the Cr.P.C.

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 7th Additional Sessions Judge-cum-Special Judge,Begusarai, in connection with Barauni (Chakia O.P.) P.S. Case No. 115 of 2017. (Sudhir Singh, J) Amit/- U T