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Patna High CourtCR. MISC./44428/2016bail granted

Rajesh Kumar @ Rajesh @ Suraj Kumar v. The State Of Bihar

2016-10-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44428 of 2016 Arising Out of PS.Case No. -186 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Rajesh Kumar @ Rajesh @ Suraj Kumar Son of Jay Prakash Sah resident of village - Gheepatti, P.S. Bairgania, District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashhar Mustafa, Adv. For the Opposite Party : Mr. N.N.Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 47(a) and 35(b) of Bihar Excise Amendment Act, 2016. The allegation against the petitioner is that 18 litres of Nepali Saufi 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 26.07.2016. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. 18 litres of Nepali wine is said to have been recovered from the possession of the petitioner. There is no compliance of section 100 of the Cr.P.C.

Patna High Court Cr.Misc. No.44428 of 2016 (2) dt.18-10-2016 2/2 On behalf of the state, it has been submitted that the petitioner is named in the complaint.

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 C.J.M., Sitamarhi, in connection with Complaint Case No. C2-186 of 2016. (Sudhir Singh, J.) Amit/- U T