Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50420 of 2017 Arising Out of PS.Case No. -195 Year- 2017 Thana -BARHARIA District- SIWAN ====================================================== Santosh Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Aslam Ansari For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== 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 272, 273, 308/34 of the Indian Penal Code and Sections 35(A), 35(B), 36 & 41(1) of the Bihar Excise Act, 2016. It is alleged that 346 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 25.06.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 346 litres of foreign wine is said to have been recovered from the Dalan of co-accused. The petitioner had no knowledge regarding the same. The recovery has been made from the open place. There is no

Patna High Court Cr.Misc. No.50420 of 2017 (2) dt.18-10-2017 2/2 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 C.J.M., Siwan, in connection with Barhariya P.S. Case No. 195/2017. (Sudhir Singh, J) Amit/- U T