Patna High CourtCR. MISC./30109/2017bail granted

Mangal Chandra Sah v. The State Of Bihar

2017-07-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30109 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -BARHARA District- PURNIA ======================================================

1. Mangal Chandra Sah, Son of Nageshwar Sah, resident of Village Laxmipur Bhagwati, P.S. Srinagar, District- Madhepura. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that 12 litres of country made liquor is 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 13.03.2017. The charge sheet 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. It is alleged that 13 litres of country made wine is said to have been recovered from the

Patna High Court Cr.Misc. No.30109 of 2017 (2) dt.10-07-2017 2/2 possession of the petitioner. The other co-accused has been granted bail vide Annexure-2 to the present application. There is no compliance of section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

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 Additional Sessions Judge-II,Purnea-cum-Special Judge (Excise Act), Purnea, in connection with Special Case No. 520 of 2017, arising out of Barhara P.S. Case No. 44 of 2017.

(Sudhir Singh, J) Amit/- U T