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Patna High CourtCR. MISC./51262/2016bail granted

Dinesh Mahto @ Dinesh Kumar v. The State Of Bihar

2016-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51262 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Dinesh Mahto @ Dinesh Kumar Son of Sri Ramchandra Mahto Resident of Village-Madhiya at Ward no.-14, P.O.-Singwahni, P.S.-Sonbarsa, DistrictSitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise (Amendment) Act.

Allegation against petitioner is that from his possession 922 litres of wine was recovered.

It has been submitted on behalf of petitioner that he is in custody since 24.9.2016. No allegation of tampering of witnesses is alleged against petitioner. It is alleged that 922 litres of wine is said to have been recovered from possession of petitioner. Allegation made in the F.I.R. is denied by petitioner. There is no compliance of Section 100 of the Code of Criminal Procedure. 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

Patna High Court Cr.Misc. No.51262 of 2016 (2) dt.05-12-2016 2/2 like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sonbarsa P.S. Case no. 88 of 2016.

(Sudhir Singh, J) sudip/- U T