Patna High CourtCR. MISC./57336/2017bail granted

Mela Chaudhary @ Mela Kumar And ANR v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57336 of 2017 Arising Out of PS.Case No. -268 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================

1. MELA CHAUDHARY @ MELA KUMAR, Son of Late Sadhu Chaudhary

2. Shani Sharma @ Shani Kumar, Son of Jitendra Sharma. Both are resident of Thakur Bari Road Bihiya, P.S. Bihiya, District- Bhojpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Section 30(A) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that 78 liters of wine is said to have been recovered from a motorcycle in question. It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.08.2017. The charge sheet has been submitted in the present case. The petitioner no.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 78 liters of wine is recovered from a motorcycle in question. The other co-

Patna High Court Cr.Misc. No.57336 of 2017 (2) dt.14-12-2017 2/2 accused has been granted bail vide Cr. Misc. No.53976 of 2017 dated 15.11.2017. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioners are 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 4thAdditional Sessions Judge, Ara, in connection with Bihiya P.S. Case No.268/2017.

(Sudhir Singh, J) Amit/- U T