Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33591 of 2016 Arising Out of PS.Case No. -191 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictKHAGARIA ====================================================== Sujit Kumar S/o late Rajendra Choudhary Resident of Village- Kazichak, P.S. Mahesh Khunt, District Khagaria.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Pandey For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 47(a) (f) of the Excise Act. Earlier this matter was put up before a co-ordinate Bench of this court and the concerned Bench noted some discrepancies in the impugned order as well as prosecution report but now, the learned Sessions Judge, Khagaria has clarified all the controversies. Moreover, the prosecution report relates to Excise Case No. 191 C3/2016 and the same case number has been mentioned in the impugned order.
It is alleged that 20 litres country made liquor and
Patna High Court Cr.Misc. No.33591 of 2016 (3) dt.20-10-2016 2/2 200 kg. mahua were recovered from the courtyard of petitioner but submission on behalf of the petitioner is that the house of the petitioner is a joint house and moreover, petitioner has sufficiently been punished by remaining in jail custody since 04.06.2016. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Excise Case No. 191-C-3 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T