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Patna High CourtCR. MISC./42240/2016bail granted

Vivek Kumar v. The State Of Bihar

2016-10-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42240 of 2016 Arising Out of PS.Case No. -360 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Vivek Kumar S/o Dinesh Prasad Mehta Resident of Village - Bariat, P.S. Echak, District - Hazaribagh (Jharkhand).

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Devendra Prasad Singh For the Opposite Party : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 47(a) of the Bihar Excise (Amendment) Act, 2016. Total 30.750 litres of foreign liquor are said to have been recovered from beneath the seat, on which the petitioner was sitting in the bus.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.08.2016. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The alleged recovery is said to have been made from beneath the seat, on which the petitioner was sitting in the bus. The petitioner do not claim the

Patna High Court Cr.Misc. No.42240 of 2016 (2) dt.03-10-2016 2/2 alleged recovered liquor. 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, Nawada, in connection with G.O. Case No. 360 of 2016, P.S. Rajauli, District-Nawada.

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