Patna High CourtCR. MISC./8424/2017bail granted

Birendra Kumar Singh v. The State Of Bihar

2017-03-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8424 of 2017 Arising Out of PS.Case No. -430 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Birendra Kumar Singh Son of Mahendra Singh resident of village - Mehsi, P.S. - Bibhutipur, District - Samastipur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 47(a), 57 of Bihar Excise Amendment Act, 2016 and Sections 39 (a), 38(I)(II), 41(I) of the Bihar Excise Amendment Act, 2016.

The allegation against the petitioner is that 9.750 litres of foreign 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 26.12.2016. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 9.750

Patna High Court Cr.Misc. No.8424 of 2017 (2) dt.10-03-2017 2/2 litres of foreign 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.

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

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 A.C.J.M., Dalsinghsarai, Samastipur, in connection with Dalsinghsarai P.S. Case No. 430 of 2016.

(Sudhir Singh, J) Amit/- U T