Patna High CourtCR. MISC./62583/2017bail granted

Md. Nayeem @ Md. Naem Shekh @ Nayeem v. The State Of Bihar

2018-01-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62583 of 2017 Arising Out of PS. Case No.-79 Year-2017 Thana- HARLAKHI District- Madhubani ====================================================== Md. Nayeem @ Md. Naem Shekh @ Nayeem S/o Md. Azuddin, R/o VillageUmgaon, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Bhupendra Narayan Singh For the Opposite Party/s :

Mr. NAVIN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2018 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 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 324 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.08.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 324 liters wine is recovered. The name of the petitioner has transpired on the disclosure made by the co-accused. Nothing is said to have been recovered from the

Patna High Court Cr.Misc. No.62583 of 2017(2) dt.12-01-2018 2/2 conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. case No.79 of 2017.

(Sudhir Singh, J) Narendra/- U T