Visheshwar Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30113 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -KANHAULI District- SITAMARHI ====================================================== Visheshwar Kapar son of Yogi Kapar @ Yogendra Kapar, resident of village Khap, P.S. Kanhauli, Distt. Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 273 of the I.P.C. and 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that 159.200 liters of Nepali wine was recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.5.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 159.200 of Nepali wine is said to have been recovered. There is no compliance of Section 100 Cr.P.C. The said recovery has not been made from the conscious possession of the petitioner. On behalf of the State, it is submitted that the

Patna High Court Cr.Misc. No.30113 of 2017 (3) dt.07-07-2017 2/2 petitioner is named in the F.I.R.

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 A.D.J. II, Sitamarhi in connection with Kanhauli P.S. case No.63 of 2017. (Sudhir Singh, J) Narendra/- U T