Bishundeo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2576 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -INDUSTRIAL AREA District- BHAGALPUR ====================================================== Bishundeo Sah, S/o Late Marho Sah, R/o Village- Mansarpur, P.S.- Industrial, District-Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 47 of Bihar Excise Act, 2016. Petitioner is in jail custody since 07.04.2016 and earlier his prayer for bail was rejected by this court giving direction to trial court to expedite the trial of the petitioner. Learned counsel for the petitioner submits that all the prosecution witnesses have already been examined but in course of argument, the concerned trial court sent the record to Chief Judicial Magistrate as the maximum punishment for the offence charged with was up to ten years and the concerned trial court had no jurisdiction to pronounce sentence for the said offence.

Patna High Court Cr.Misc. No.2576 of 2017 (2) dt.22-02-2017 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P.S. Case No. 25 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T