Patna High CourtCR. MISC./9415/2018bail granted

Golu Kumar v. The State Of Bihar

2018-02-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9415 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- NAYAGAON District- Begusarai ====================================================== Golu Kumar, s/o- Chhedi Singh, r/o- Village Naya Gaon, Balahpur, P.s.- Nayagaon, District- Begusarai.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. SANJAY KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 36 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2017. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 36 liters wine along with five arms and 20 live cartridges are recovered from the back of the house of the petitioner. The same has not been recovered from the

Patna High Court Cr.Misc. No.9415 of 2018(2) dt.17-02-2018 2/2 conscious possession of the petitioner. The said articles are said to have been recovered in an abandoned state. 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, 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 Additional Sessions Judge-VII-cum-Special Judge, Excise Act, Begusarai in connection with Naya Gaon P.S. Case No. 57 of 2017.

(Sudhir Singh, J) Pankaj/- U T