Patna High CourtCR. MISC./50539/2017bail granted

Md. Chela @ Asraf @ Ashraf v. The State Of Bihar

2017-10-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50539 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Chela @ Asraf @ Ashraf Son of Saiyad Kuraishi @ Saied Kuraisee resident of Village- Mahua Tola P.S. Sohsarai District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== 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 Section 3/0(A) of Bihar Prohibition and Excise Act, 2016 and 414 of the Indian Penal Code.

It is alleged that 390 litres of spirit is said to have been recovered from the vehicle of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.08.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 390 litres of spirit is said to have been recovered from the vehicle of the petitioner. The petitioner has not been arrested on the spot. The

Patna High Court Cr.Misc. No.50539 of 2017 (2) dt.18-10-2017 2/2 petitioner is not named in the F.I.R. His name has come in course of investigation by co-accused. There is no compliance of section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is not 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-cum-Special Judge (Excise), Nalanda at Biharsharif, in connection with Sohsarai P.S. Case No.121 of 2017. (Sudhir Singh, J) Amit/- U T