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Patna High CourtCR. MISC./42421/2016bail granted

Umesh Prasad Yadav v. The State Of Bihar

2016-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42421 of 2016 ====================================================== Umesh Prasad Yadav Son of Late Ramdev Rai Resident of village - Pipra, P.S. Darpa, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar No.III For the Opposite Party : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 47(a) of the Excise Act.

Five litres of country made liquor are said to have been recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2016. The prosecution report has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The alleged recovery of country made wine is denied by the petitioner. There is no compliance of section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the

Patna High Court Cr.Misc. No.42421 of 2016 (2) dt.05-10-2016 2/2 petitioner is named in the Complaint.

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 S.D.J.M., Raxaul at Motihari, East Champaran, in connection with Excise Case No. 89 of 2016.

(Sudhir Singh, J.) Amit/- U T