Munna Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.25925 of 2016 (2) dt.24-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25925 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Munna Kumar Sah Son of Garib Sah, resident of Village- Ugahani, Police Station- Chenari, District- Rohtas at Sasaram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 24.06.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 53(B) of the Excise Act.

Petitioner is in jail custody since 10.5.2016 on the accusation that he created nuisance at public place in inebriated condition and subsequently, he was medically examined by doctor of Primary Health Center, Chenari.

Submission on behalf of the petitioner is that, no doubt, according to medical report smell of alcohol was coming out from the mouth of the petitioner but percentage of alcohol is not clear in the aforesaid report. He further submits that, as a matter of fact, petitioner is a poor tea seller and when he refused to provide free tea to police officials, he has been implicated in this case. Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.25925 of 2016 (2) dt.24-06-2016 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate VII, Rohtas at Sasaram in Chenari P.S. Case no. 102/2016. shahid (Hemant Kumar Srivastava,J) U T