Satendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14150 of 2018 Arising Out of PS.Case No. -138 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Satendra Rai, son of Late Hridya Narayan Rai, resident of VillageSawan Bahar, P.S. Kargahar (Barahari), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section-30(a), 38(1)(2) of Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 51.1 litres wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-12-2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 51.1 litres wine is recovered from joint house of the petitioner. There is no compliance of Section-100 Cr.P.C. On behalf of the State, it is submitted that petitioner is

Patna High Court Cr.Misc. No.14150 of 2018 (2) dt.15-03-2018 named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-cum-Special Judge, Excise, Rohtas, Sasaram in connection with Kargahar (Barahari) P.S. Case No. 138 of 2017.

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