Patna High CourtCR. MISC./59363/2017bail granted

Chotey Lal Jaiswal And ANR v. The State Of Bihar

2018-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59363 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -JIRADEI District- SIWAN ======================================================

1. Chotey Lal Jaiswal, aged about 40 years, Son of Rama Shankar Jaiswal, R/o Village- Jiradei,

2. Rajesh Sah, aged about 36 years, Son of Baijnath Sah, R/o VillageJamapur, Resident of Both petitioners PS- Jiradei, District- Siwan. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sandesh Roy For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 272, 273, 308 of Indian Penal Code and Sections 30/38 of Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that 93 liters wine is recovered.

The petitioners are in custody since 14.10.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by local

Patna High Court Cr.Misc. No.59363 of 2017 (3) dt.11-01-2018 2/2 residents. The name of local residents, who have named the petitioners, has not been disclosed by the prosecution. It is alleged that 93 liters of wine is said to have been recovered by the side of bridge in abandoned stage. The other co-accused have been granted anticipatory bail vide Annexure-2 and 3 to the present application. There is no compliance of Section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Siwan, in connection with Jiradei P.S. Case No.11/2017.

(Sudhir Singh, J) Amit/- U T