Kamlesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52595 of 2016 Arising Out of PS.Case No. -298 Year- 2016 Thana -PATLIPUTRA District- PATNA ====================================================== Kamlesh Choudhary, Son of Late Pachan Choudhary, Resident of Nizampur, P.S.- Kurtha, District- Arwal at present residing at Indra Nagar, P.S.- Patliputra, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Priyank Deepak, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 47, 48, 54 and 55 of the Bihar Excise Act. Allegation is that 70 bottles containing 180 ml each of foreign liquor was recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.9.2016. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 70 bottles containing 180 ml each of foreign liquor is said to have been recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.52595 of 2016 (2) dt.14-12-2016 2/2 Considering the aforesaid facts and circumstances, it is directed that 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 learned Judicial Magistrate, 1st class, Patna in connection with Patliputra P.S. case No.298 of 2016.

(Sudhir Singh, J) Narendra/- U T