Kamrul Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44382 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Kamrul Shekh Son of Gunu Sheikh Resident of Village Pirpara, Police Station Kaliya Chowk District Maldah (W.B) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 47 of the Bihar Excise (Amendment) Act, 2016. Allegation is that from possession of petitioner foreign liquor has been recovered.

It has been submitted on behalf of petitioner that he is in custody since 18.7.2016. Chargesheet has been submitted against petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. Foreign liquor is said to have been recovered from the possession of petitioner. The said recovery is denied by petitioner. There is no compliance of Section 100 of the Code of Criminal Procedure. Other co-accused has been granted bail vide Cr. Misc. no. 44015 of 2016.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like

Patna High Court Cr.Misc. No.44382 of 2016 (2) dt.17-10-2016 2/2 amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IX, Bhagalpur, in connection with Industrial Area P.S. Case no. 47 of 2016.

(Sudhir Singh, J) sudip/- U T