Chhotelal Prasad @ Chhote Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30992 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chhotelal Prasad @ Chhote Lal Sah, Son of Late Satya Narayan Sah Resident of Village- Navkathwa, P.S.- Ramgarhwa, District East Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody in connection with Ramgarhwa P.S. Case No. 21 of 2016 for the offences instituted under Sections 272, 273, 290 of the Indian Penal Code and Section 47(a) of the Excise Act.
Total 2010 litres of foreign liquor as well as 80 litres of country made liquor are said to have been recovered from the shop of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.04.2016. The charge sheet has been submitted in the present case. The petitioner has got no
Patna High Court Cr.Misc. No.30992 of 2016 (3) dt.16-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. 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 Sub-Divisional Judicial Magistrate, Raxaul, East Champaran, in connection with Ramgarhwa P.S. Case No. 21 of 2016.
(Sudhir Singh, J.) Amit/- U T