Ashok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14747 of 2018 Arising Out of PS.Case No. -650 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Ashok Kumar Yadav S/o Ram Swarth Rai @ Ram Swarth Yadav, R/o Village- Janki Nagar @ Lalbandi Tole Janki Nagar, P.S.- Sonbarsa, Distt.- Sitamrhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Section-30(a) of Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 40 litres wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-11-2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that 40 litres wine is recovered. There is no compliance of Section-100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is

Patna High Court Cr.Misc. No.14747 of 2018 (2) dt.15-03-2018 named in the F.I.R./complaint case.

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) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi in connection with C2-650/17.

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