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Patna High CourtCR. MISC./57455/2017bail granted

Kailu Paswan v. The State Of Bihar

2017-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57455 of 2017 Arising Out of PS.Case No. -529 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Kailu Paswan S/o Kesar Paswan, R/o Village- Amkola, P.S.- Mohanpur, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Onkar Nath For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 30(D) of Bihar Prohibition and Excise Act, 2016. It is alleged that 900 Kg of Mahua flower is said to have been recovered from the vehicle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.10.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 900 Kg of Mahua flower is recovered from the vehicle in question. The Mahua flower does not come under the meaning of intoxicant material. There is no compliance of section 100 of the Cr.P.C.

Patna High Court Cr.Misc. No.57455 of 2017 (2) dt.15-12-2017 2/2 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 Barachatti (Mohanpur) P.S. Case No. 529/2017.

(Sudhir Singh, J) Amit/- U T