Patna High CourtCR. MISC./29939/2016bail granted

Ram Dular Singh v. The State Of Bihar

2016-09-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29939 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Ram Dular Singh Son of Late Rambachan Singh Resident of villageDevhar, P.S.- Machi, District- Sonbhadra (U.P.) At present village- Karma, P.S.- Adhaura, District- Kaimur at Bhabua, Bihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Kant Pandey, Advocate. For the Opposite Party : Mrs. Renu Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Adhaura P.S. Case No. 18 of 2016 for the offence instituted under Section 47(A)(C)(d)(e) of the Bihar Excise Act. The allegation against the petitioner is of making Mahua liquor in his house. It is also alleged against him that equipments along with 10 liquors of prepared illicit liquor have also been recovered from his possession.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.04.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.29939 of 2016 (3) dt.07-09-2016 2/2 witnesses alleged against the petitioner. The petitioner denies the recovery of ten litres of Mahua liquor from his conscious possession. 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 Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Adhaura P.S. Case No. 18 of 2016.

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