Patna High CourtCR. MISC./57660/2017bail granted

Sanjai Kumar @ Sanjay Kumar v. The State Of Bihar

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57660 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -MUSRIGHARARI District- SAMASTIPUR ======================================================

1. Sanjai Kumar @ Sanjay Kumar Son of Ramashish Singh Resident of Mohalla- Ward No.-10, Motipur, P.S.- Tajpur, Distt.- Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 272, 273 of the Indian Penal Code and 30(a), 38, 41, 47 of Bihar Prohibition and Excise Act, 2016.

It is alleged that 785 litres of liquor is said to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.09.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 785 litres of wine is recovered from the bamboo orchard of Birchand Singh. Nothing incriminating has been recovered from the conscious

Patna High Court Cr.Misc. No.57660 of 2017 (2) dt.18-12-2017 2/2 possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Samastipur, in connection with Musarigharari P.S. Case No.107/2017.

(Sudhir Singh, J) Amit/- U T