Patna High CourtCR. MISC./52634/2016bail granted

Deogan Sharma @ Aman Das And ANR v. The State Of Bihar

2016-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52634 of 2016 Arising Out of PS.Case No. -276 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Deogan Sharma @ Aman Das, Son of Bisho Sharma, Resident of Village- Dhamseni Morkahi, P.S.- Sadar, District- Saharsa.

2. Bijendra Kumar, Son of Late Sukumar, Resident of Village- Jhapra Tola, P.S.- Sadar, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Section 47A of the Bihar Excise Amendment Act. Allegation against petitioners is that from their possession 72 litres of foreign liquor was recovered. It has been submitted on behalf of petitioners that they are in custody since 29.7.2016. They have got no criminal antecedent. Chargesheet has been submitted against petitioners. No allegation of tampering of witnesses is alleged against petitioners. It is alleged that 72 litres of foreign liquor is said to have been recovered from possession of petitioners. There is no compliance of Section 100 of the Code of Criminal Procedure. On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail

Patna High Court Cr.Misc. No.52634 of 2016 (2) dt.08-12-2016 2/2 bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia, in connection with Sadar P.S. Case no. 276 of 2016.

(Sudhir Singh, J) sudip/- U T