Ramayan Chauhan @ Ramayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10471 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -JIRADEI District- SIWAN ====================================================== Ramayan Chauhan @ Ramayan Chaudhary, S/o Late Marjadi Chauhan, R/o Village- Karhanu, P.S.- Jirdei, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party : Mr. C. Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.12.2017 in a case for the offence registered under Sections 272, 273, 308 of the IPC, 30 and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 1.800 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 1.800 liters

Patna High Court Cr.Misc. No.10471 of 2018 (2) dt.22-02-2018 2/2 wine is recovered. As far as petitioner is concerned, only 1 liter wine is said to have been recovered from his possession. The name of the petitioner has come on the basis of alleged recovery made from his possession. 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, let 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 the learned Additional District and Sessions Judge-II, Siwan, in connection with Jiradei P.S. Case No. 116 of 2017.

U.K./- (Sudhir Singh, J) U T