Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33475 of 2016 Arising Out of PS.Case No. -132 Year- 2016 Thana -RAJAULI District- NAWADA ====================================================== Rajiv Kumar S/o - Ravindra Singh @ Beli Singh Resident of VillageBabhantli Rajauli, P.S.Rajauli, District-Nawada .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 47(a) of the Bihar Excise (Amendment) Act. . Allegation against the petitioner is that he was found carrying wine on motorcycle.

It has been submitted on behalf of the petitioner that he is in custody since 20.6.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner has been made accused due to mistake of fact. The alleged recovery of wine from the possession of the petitioner is denied. There is no compliance of Section 100 of the Code of Criminal Procedure.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.33475 of 2016 (3) dt.23-09-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case no. 132 of 2016.

(Sudhir Singh, J) sudip/- U T