Patna High CourtCR. MISC./53506/2016bail granted

Kamlesh Kumar And ANR v. State Of Bihar And ANR

2016-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53506 of 2016 Arising Out of PS.Case No. -386 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kamlesh Kumar Son of Parmanand Sah.

2. Aftab Alam Son of Abdul Vasi, Both residents of Village- Station Ghorasahan, P.S. Ghorasahan, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through Inspector General S.S.B., Frontier Head Quarter, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Sections 272 and 273 of the Indian Penal Code and 47(a), 53 and 54 of the Bihar Excise Amendment Act.

Allegation against petitioners is that from his possession 8.4 litres of wine has been recovered.

It has been submitted on behalf of petitioners that they are in custody since 26.9.2016. Chargesheet has been submitted against petitioners. Petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses against petitioners. It is alleged that 8.4 litres of wine is said to have been recovered from possession of petitioners. There is no compliance of Section 100 of the Code of Criminal Procedure. On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Patna High Court Cr.Misc. No.53506 of 2016 (2) dt.16-12-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Ghorasahan P.S. Case no. 386 of 2016.

(Sudhir Singh, J) sudip/- U T