Sawan Kumar @ Sarwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28391 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -NAUTAN District- SIWAN ====================================================== Sawan Kumar @ Sarwan Kumar, Son of Madan Prasad, Resident of Village- Khurwasiya, Police Station- Bankatta, District- Deoria (Uttar Pradesh).

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 16.03.2017 in connection with Nautan P.S. Case No. 50 of 2017 for the offences instituted under Sections 272, 273, 308 of the IPC and 30, 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on 16.03.2017 the informant and other police personnel on secret information, recovered 27 liters of country made liquor from possession of this petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.03.2017 and the charge sheet has

Patna High Court Cr.Misc. No.28391 of 2017 (2) dt.07-07-2017 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. 27 liters of country made liquor is said to have been recovered from possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

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.-XII, Siwan, in connection with Nautan P.S. Case No. 50/2017. (Sudhir Singh, J) U.K./- U T