Patna High CourtCR. MISC./25712/2016bail granted

Vinay Kumar @ Vinay Singh v. The State Of Bihar

2016-06-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25712 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Vinay Kumar @ Vinay Singh, aged about 45 years, Son of Sachida Singh, Resident of Village- Abdullahpur, P.S.- Fatuha, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar Singh For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-270, 272 and 290 of the Indian Penal Code and Section47 of the Excise Act. Country-made liquor as well as bottles of Indian made foreign liquor were recovered from Dhaba of the petitioner before coming into force the Excise Amendment Act, 2016. The petitioner is languishing in jail custody since 01-04-2016 without having any criminal antecedent.

Submission on behalf of the petitioner is that the petitioner is owner of the aforesaid Dhaba and even if, the aforesaid recovery assumed to be true, then also, petitioner has

Patna High Court Cr.Misc. No.25712 of 2016 (2) dt.24-06-2016 2/2 sufficiently been punished by remaining in jail custody since long and moreover, petitioner happens to be first offender. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Fatuha P.S. Case No. 134 of 2016 to the satisfaction of Sri Javeen Jamal, J.M.-Ist Class, Patna City. (Hemant Kumar Srivastava, J) A.K.V./- U T