Dilip Kumar v. The State Of Bihar Through The Commissioner, Bihar Excise Deptt. Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45546 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- NAUGACHIA District- Bhagalpur ====================================================== DILIP KUMAR Son of Late Maheshwari Prasad Yadav @ Bindeshwari Prasad Yadav Resident of Village - Jhokair, P.S.- Pipra Bazar, Dist.- Supaul. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE COMMISSIONER, BIHAR EXCISE DEPTT. PATNA. Bihar 2.

Commissioner, Bihar Excise Department , Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shruti Sinha For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that accused person was caught in drunken state. There is no recovery of wine in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.6.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of

Patna High Court CR. MISC. No.45546 of 2019(2) dt.23-07-2019 2/2 witnesses alleged against the petitioner. It is alleged that the petitioner was in drunken state. There is no recovery of wine from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is 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) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Bhagalpur in connection with Excise Case No. 479/19 arising out of Naugachhiya P.S. Case No. 202 of 2019. (Sudhir Singh, J) Pankaj/- U