Patna High CourtCR. MISC./49039/2016bail granted

Mithilesh Kumar Roy @ Mithlesh Kumar Ray v. The State Of Bihar

2016-12-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49039 of 2016 Arising Out of PS.Case No. -306 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Mithilesh Kumar Roy @ Mithlesh Kumar Ray S/o Satyanarayan Ray @ Satnarain Roy, resident of Village- Sulindabad, P.O.- Sulindabad, P.S.- Saharsa, District- Sharasa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 31.08.2016 in connection with Madhepura P.S. Case No. 306 of 2016, registered for offences punishable under Sections, 279, 337, 338 and 427 of the Indian Penal Code, Section 136 of Electricity Act and Section 53(b)/47(a) of Excise Act.

Allegation against the petitioner is of rash driving and recovery of 250ML of foreign liquor.

It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent and the chargesheet has already been submitted in this case. Learned counsel for the petitioner further submitted that only 250ML of foreign liquor has

Patna High Court Cr.Misc. No.49039 of 2016 (2) dt.13-12-2016 2/2 been recovered from the petitioner and he has been languishing in jail custody since 31.08.2016.

Having heard both sides and considering the fact that the charge-sheet has been submitted in the present case and only 250ML of foreign liquor has been recovered from the possession of the petitioner and also the fact that the petitioner has been in judicial custody since 31.08.2016, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 306 of 2016. .

(Vinod Kumar Sinha, J) sunil/- U T