Ganesh Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30372 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Ganesh Roy, Son of Late Ram Karan Roy, Resident of Village-Khadiyahi, P.S.-Vibhutipur, District-Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dilip Kumar Roy, Advocate. For the Opposite Party : Mr. Navin 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 08.05.2017 in connection with Dalsingsarai P.S. Case No. 127 of 2017 for the offences instituted under Sections 30(a), 38(i)(ii), 39(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on secret information, the informant apprehended this petitioner and other co-accused Ganesh Kumar. From possession of this petitioner, 23.625 liters of foreign liquor has been recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.05.2017 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.30372 of 2017 (2) dt.07-07-2017 2/2 tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. 23.625 liters of foreign liquor is said to have been recovered from possession of this 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 Additional District & Sessions Judge-VI, Samastipur, in connection with Dalsingsarai P.S. Case No. 127 of 2017.

U.K./- (Sudhir Singh, J) U T