Abbas Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42371 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abbas Ansari son of Suleman Ansari Resident of Village- Bhelawa, P.S.- Chhauradano, District- East Champaran, Motihari. .... .... 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 against petitioner is that from his possession Nepal wine has been recovered.

It has been submitted on behalf of petitioner that he is in custody since 15.7.2016. 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. Alleged recovery has been denied by petitioner. 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.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.42371 of 2016 (2) dt.04-10-2016 2/2 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 Sub-Divisional Judicial Magistrate, Rxaul at Motihari ( East Champaran ), in connection with Excise Case no. 121 of 2016.

(Sudhir Singh, J) sudip/- U T