Pintu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42384 of 2016 ====================================================== Pintu Tiwari S/o Late Ramchandra Tiwari Resident of Village- Sadhanpura, P.S.- Kathaiya, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 47 (a) of the Bihar Excise (Amendment) Act. Allegation is that from the bag of petitioner foreign liquor has been recovered.

It has been submitted on behalf of petitioner that he is in custody since 7.8.2016. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. He has been made accused due to mistake of fact. The alleged foreign liquor is said to have been recovered from a bag which was kept by the side of petitioner. Petitioner has no concern with the said bag containing foreign liquor. There is no compliance of section 100 of the Code of Criminal Procedure. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.42384 of 2016 (2) dt.04-10-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case no. 192 of 2016.

(Sudhir Singh, J) sudip/- U T