Patna High CourtCR. MISC./52666/2016bail granted

Sanjay Paswan v. The State Of Bihar

2016-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52666 of 2016 Arising Out of PS.Case No. -174 Year- 2016 Thana -MANIYARI District- MUZAFFARPUR ======================================================

1. Sanjay Paswan, S/O- Late Shital Paswan, aged about- 40 Years, R/o Village- Bariyarpur, P.S.- Sakra, Distt.- Muzaffarpur, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 47(A?/54 of the Bihar Excise Amendment Act, 2016.

Allegation is that 720 bottles containing 180 ml each, 120 bottles containing 375 ml each and 72 bottles containing 375 ml each of country made wine were recovered from the possession of the accused persons including the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.9.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 720

Patna High Court Cr.Misc. No.52666 of 2016 (2) dt.15-12-2016 2/2 bottles containing 180 ml each, 120 bottles containing 375 ml each and 72 bottles containing 375 ml each of country made wine were said to have been recovered. 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.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mukesh Kumar, J.M. 1st class, Muzaffarpur in connection with Maniyari P.S. case No.174 of 2016.

(Sudhir Singh, J) Narendra/- U T