Dileep Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31220 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -CIVIL LINE District- GAYA ====================================================== Dileep Mallah, son of Late Shyam Babu Mallah, Resident of Mohalla - Mallahtoli, Nadraganj, P.S. - Civil Lines, District - Gaya. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Shivendra Prasad, Advocate. For the Opposite Party : Mr. Umanath Mishra, 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 14.03.2017 in connection with Civil Lines P.S. Case No. 106 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 the informant recovered 105 liters of country made liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.03.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.31220 of 2017 (2) dt.10-07-2017 2/2 got no criminal antecedent. 105 liters of country made liquor is said to have been recovered from joint house 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 Special Judge (Excise), Gaya, in connection with Civil Lines P.S. Case No. 106/2017.

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