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Patna High CourtCR. MISC./60045/2019bail granted

Sudhir Kumar @ Sudhir Choudhary v. The State Of Bihar

2019-09-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60045 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SUDHIR KUMAR @ SUDHIR CHOUDHARY Son of Ram Bilash Chaudhary Resident of Village- Shivpur, P.S.- Bhabua, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 420, 419, 414, 467, 468, 469, 334/34 of I.P.C and 30(a), 32(1)(2), 37(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2016 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2016 liters wine is recovered from the rice mill of Akhilesh Choubey. The

Patna High Court CR. MISC. No.60045 of 2019(2) dt.24-09-2019 2/2 petitioner happens to be the labourer in the said rice mill. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no compliance of Section 100 Cr.P.C.

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

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Additional Sessions Judge 4th-cum-Special Judge, Excise, Kaimur (Bhabua) in connection with Excise case No.465 of 2019 arising out of Bhabhua P.S. case No.387 of 2019. (Sudhir Singh, J) Narendra/- U T