Prabhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57450 of 2017 Arising Out of PS.Case No. -191 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Prabhu Sah S/o Pratap Sah, R/o Village- Kudra, P.S.- Kudra, DistrictKaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 30(a)/38(1)(2) of Bihar Excise (Amendment) Act, 2016. It is alleged that 10.5 litres of liquor is said to have been recovered from the betel shop of the petitioner as per F.I.R. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 10.5 litres of wine is recovered from the betel shop of the petitioner as per F.I.R. The petitioner had no knowledge regarding the alleged incident. The petitioner has been made accused due to mistake of

Patna High Court Cr.Misc. No.57450 of 2017 (2) dt.15-12-2017 2/2 fact. 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 C.J.M., Kaimur at Bhabua, in connection with Kudra P.S. Case No.191/2017. (Sudhir Singh, J) Amit/- U T