Patna High CourtCR. MISC./60876/2017bail granted

Chunnu Tiwari @ Raju Tiwari v. The State Of Bihar

2018-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60876 of 2017 Arising Out of PS.Case No. -155 Year- 2017 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Chunnu Tiwari @ Raju Tiwari, S/o Ravindra Tiwari, R/o VillageJagarnathpur, P.S.-Goreakothi, District-Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajiv Kumar For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2018 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 of Indian Penal Code and Section 30(1), 41(1) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that 226.8 liters wine is recovered.

The petitioner is in custody since 08.11.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by local residents. The name of local residents, who have named the

Patna High Court Cr.Misc. No.60876 of 2017 (3) dt.11-01-2018 2/2 petitioner, has not been disclosed by the prosecution. It is alleged that 226.8 liters of wine is recovered from barren field of Arbind Tiwary. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 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 2nd Additional Sessions Judge, Siwan, in connection with Goreakothi P.S. Case No.155/2017.

(Sudhir Singh, J) Amit/- U T