Niwas Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37406 of 2016 Arising Out of PS.Case No. -304 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Niwas Singh Son of Kameshwar Singh Resident of Village- Kamat, Police Station - Sherghati, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-09-2016 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-272 & 273 of the Indian Penal Code and 47(A) of the Bihar Excise Amendment Act, 2016.

Several bottles containing 22-275 litres Indian made foreign liquor are said to have been recovered from conscious possession of the petitioner, for which, petitioner is in jail custody since 02-07-2016.

Submission on behalf of petitioner is that the petitioner does not have any criminal antecedent and the investigation against him, appears to have already been completed. It is further submitted that moreover, the possession of Indian

Patna High Court Cr.Misc. No.37406 of 2016 (2) dt.08-09-2016 2/2 made foreign liquor does not make offence in notification, issued by the State Government.

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 Sherghati P.S. Case No. 304 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya.

(Hemant Kumar Srivastava, J) A.K.V./- U T