Guddu Tiwary @ Tapesh Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50387 of 2017 Arising Out of PS.Case No. -344 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Guddu Tiwary @ Tapesh Kumar Tiwary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 188/120(b)/34 of the Indian Penal Code and Sections 30/38/41 of Bihar Excise Amendment Act, 2016. It is alleged that 2736 litres of foreign liquor is said to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.08.2017. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2736 litres of foreign wine is said to have been recovered. There is no compliance of section 100 of the Cr.P.C. The petitioner has not been arrested on the spot. His name has come on the confessional statement of co-accused. No intoxicant article

Patna High Court Cr.Misc. No.50387 of 2017 (2) dt.18-10-2017 2/2 is said to have been recovered from his conscious possession. 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 Additional Sessions Judge-VI, Saran, in connection with Madhoura P.S. Case No. 344 of 2017.

(Sudhir Singh, J) Amit/- U T