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Patna High CourtCR. MISC./43029/2017bail granted

Kripa Shankar Tiwari v. The State Of Bihar

2017-09-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43029 of 2017 Arising Out of PS. Case No.-172 Year-2017 Thana- Chand District- Bhabhua (Kaimur) ====================================================== Kripa Shankar Tiwari, Son of Kamta Tiwari, Resident of Village- Amaon, Police Station- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-09-2017 Heard Sri Pawan Kumar Singh, learned counsel for the petitioner and Sri Nirmal Kumar Sinha, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 29-07-2017 in Chand P.S. Case No. 172 of 2017, corresponding to Excise Case No. 106 of 2017 registered for offence under Sections 353, 341, 323, 427, 120(B) of the Indian Penal Code and Section 30(a), 41(1), 45 of the Bihar Prohibition and Excise Act, 2016 on an accusation of recovery of about 32 liters of Indian make foreign liquor from his motorcycle, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that on false accusation, the petitioner has been apprehended and even seizure list was not prepared in accordance with Section 100 of the Code of Criminal Procedure, 1973.

Patna High Court Cr.Misc. No.43029 of 2017(2) dt.19-09-2017 2/2 Considering the nature of accusation and period of custody, let the petitioner namely Kripa Shankar Tiwari be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VI cum Special Judge (Excise), Kaimur at Bhabua in connection with Chand P.S. Case No. 172 of 2017, corresponding to Excise Case No. 1288 of 2017.

(Rakesh Kumar, J.) anay U T