Santosh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37365 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -KHAIRA District- JAMUI ======================================================

1. Santosh Gupta Son of Jaiprakash Gupta Resident of Vilage Chananwar Police Station Khaira, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.38999 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -KHAIRA District- JAMUI ======================================================

1. Shyam Kumar Sah @ Shyam Kumar Saw son of Pairu Sah, resident of Nima, P.S. Jamui, District- Jamui.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.37365 of 2016) For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Ahmad Ali (In Cr.Misc. No.38999 of 2016) For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-10-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 47(A)/47(F) of the New Excise Act (Bihar Excise (Amendment) Act, 2016.

The prosecution story, in brief, is that on search to the

Patna High Court Cr.Misc. No.37365 of 2016 (3) dt.27-10-2016 2/2 vehicle of the petitioners, 98 liters of foreign wine is said to have been recovered from the vehicle of the petitioners. It has been submitted on behalf of the petitioners that the petitioners are in custody since 11.07.2016. The charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. 98 liters of foreign wine is said to have been recovered from the joint possession of the petitioners. There is no compliance of Section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 179 of 2016.

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