Mukesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53489 of 2016 Arising Out of PS.Case No. -170 Year- 2016 Thana -BARGANIA District- SITAMARHI ====================================================== Mukesh Gupta, S/o Shambhu Prasad, Resident of village - Dumarwana, Ward No. 19, P.S. Bairgania, Distt. - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kaushik For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 272 and 273 of the Indian Penal Code and 47A of the Bihar Excise Amendment Act.

Allegation is that from possession of petitioner 9 litres of Nepali wine has been recovered.

It has been submitted on behalf of petitioner that he is in custody since 9.9.2016. Chargesheet has been submitted against petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. It is alleged that nine litres of Nepali wine is said to have been recovered from possession of petitioner. There is no compliance of Section 100 of the Code of Criminal Procedure. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like

Patna High Court Cr.Misc. No.53489 of 2016 (2) dt.16-12-2016 2/2 amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania P.S. Case no. 170 of 2016.

(Sudhir Singh, J) sudip/- U T