Ashu @ Asish Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57437 of 2017 Arising Out of PS.Case No. -320 Year- 2017 Thana -NANHPUR District- SITAMARHI ======================================================
1. Ashu @ Asish Kumar Thakur S/o Manish @ Amol Thakur, R/o VillageJajuar, P.S.- Katara, District- Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 272, 273 of the Indian Penal Code and 30(A) of Bihar Prohibition and Excise Act, 2016.
It is alleged that 17.250 litres of liquor is said to have been recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.09.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 17.250 litres of wine is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioner. The
Patna High Court Cr.Misc. No.57437 of 2017 (2) dt.15-12-2017 2/2 petitioner had no knowledge regarding the alleged incident. There is no compliance of section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let 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 the learned Additional Sessions Judge-II-cum-Special Judge, Sitamarhi, in connection with Nanpur P.S. Case No.320/2017.
(Sudhir Singh, J) Amit/- U T