Ajay Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36294 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajay Kushwaha S/o Jaleshwar Prasad Resident of Village- Kushwansi Nagar, P.S.- Dhaka, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh For the Opposite Party : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2016 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 Sections 47 and 54 of the Bihar Excise Act, 2016.

The allegation against the petitioner is that 61.5 litres of Nepali liquor is said to have been recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.05.2016. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. 61.5 litres of Nepali wine is said to have been recovered from the possession of the

Patna High Court Cr.Misc. No.36294 of 2016 (3) dt.25-10-2016 2/2 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 S.D.J.M., Sikrahna at Dhaka, East Champaran, in connection with Kundwa Chainpur P.S. Case No. 45 of 2016.

(Sudhir Singh, J.) Amit/- U T