Patna High CourtCR. MISC./57718/2017bail granted

Krishna Chaudhary v. The State Of Bihar

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57718 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================

1. Krishna Chaudhary S/o Late Somar Chaudhary, R/o Kandi, P.S.- Halsi, Distt.- Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 272, 273, 290 of the Indian Penal Code and 30(a), 38(1)(2) of Bihar Prohibition and Excise Act, 2016. It is alleged that 11 litres of Mahua liquor along with 130 litres of Jawa Mahua is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.10.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that total 11 litres of Mahua wine and 130 litres of Jawa Mahua is recovered from the house of co-accused. Whereas only 3 litres of Mahua

Patna High Court Cr.Misc. No.57718 of 2017 (2) dt.18-12-2017 2/2 wine and 100 litres of Jawa Mahua are recovered from an open hut of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 Additional Sessions Judge-II-cum-Special Judge, Excise, Lakhisarai, in connection with Halsi P.S. Case No.87/2017.

(Sudhir Singh, J) Amit/- U T