Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11603 of 2018 Arising Out of PS. Case No.-162 Year-2017 Thana- MOKAMAH District- Patna ====================================================== Shivam Kumar, Son of Manoj Kumar @ Manoj Singh, Resident of VillageMoldiyar Tola Taravanna Ward No. 11, P.S.- Mokamah, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Apurva Kumar For the Opposite Party/s :
Mr. HUMAYOU AHMAD KHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 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 30(A) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 34.740 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.01.2018 . There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 34.740 liters wine is recovered from a boat. The petitioner has not been apprehended on the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the
Patna High Court Cr.Misc. No.11603 of 2018(2) dt.27-02-2018 2/2 alleged incident. There is no compliance of Section 100 Cr.P.C. Co-accused has been granted bail vide Cr.Misc.No.63476 of 2017.
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, 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 IV-cum-Special Judge, Excise Act, Patna in connection with Mokamah P.S. case No.162 of 2017. (Sudhir Singh, J) Narendra/- U T