Bajrangi Kumar @ Bajrangi Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10184 of 2018 Arising Out of PS.Case No. -821 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bajrangi Kumar @ Bajrangi Prasad, Son of Late Ganesh Prasad, Resident of Village- Gandhi Nagar, Ramana, P.S. Motihari Town Nagar, DistrictEast Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajive Ranjan Singh, Advocate. For the Opposite Party : Mr. S. Ehteshamuddin, 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 19.12.2017 in a case for the offence registered under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 13.935 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 13.935 liters

Patna High Court Cr.Misc. No.10184 of 2018 (2) dt.22-02-2018 2/2 wine is recovered from half constructed house of Late Devendra Srivastava. The name of the petitioner has come on the basis of disclosure made by co-accused Santosh Prasad. 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 Special Judge of Excise, Motihari, East Champaran in connection with Motihari Town (Nagar) P.S. Case No. 821 of 2017.

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