Sita Ram Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24585 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -BADHAILA District- SASARAM (ROHTAS) ====================================================== Sita Ram Choudhary, son of Late Ramdeo Choudhary, resident of VillageMahuary, P.S.- Baghaila, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-05-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks bail in connection with Baghala P.S. Case No. 53 of 2016, for the offence under Sections 30(g) & 33 of the Bihar Excise and Prohibition Act, 2016. It is alleged that 60 litres of spirit is said to have been recovered from the house of the petitioner. The seizure list is enclosed with the F.I.R., which does not bear the signature of either of the petitioner or any independent witnesses. Learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2017 and he has got no criminal antecedent. It has further been submitted that there is no compliance of Section 100 of the Cr.P.C.

Patna High Court Cr.Misc. No.24585 of 2017 (2) dt.29-05-2017 2/2 Having regard to the facts and circumstances of the case, the petitioner above named, is directed to 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 Additional Chief Judicial Magistrate-III, Rohtas at Sasaram, in connection with Baghaila P.S. Case No. 53 of 2016, subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Kumar, J) Amit/- U T