Patna High CourtCR. MISC./51129/2016bail granted

Mohan Paswan And ANR v. The State Of Bihar

2016-11-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51129 of 2016 Arising Out of PS.Case No. -265 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mohan Paswan son of Chandrika Paswan

2. Arjun Kumar @ Arjun Kumar Sah son of Brahamdeo Sah Both are resident of village- Ashram Madhubani, P.S. Chiraiya, DistrictEast Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 272, 273 of the Indian Penal Code and Sections 47(A), 53 and 54 of Bihar Excise (Amendment) Act, 2016. It is alleged that 30 bottles of Nepali wine each containing 300 ml. is said to have been recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.07.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.51129 of 2016 (2) dt.29-11-2016 2/2 witnesses alleged against the petitioner. It is alleged that approximately 9 liters of Nepali wine is said to have been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.

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 S.D.J.M., Sikrahna, East Champaran, in connection with Ghorasahan P.S. Case No. 265 of 2016.

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