Patna High CourtCR. MISC./4953/2018bail granted

Mohan Singh v. The State Of Bihar

2018-02-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4953 of 2018 Arising Out of PS. Case No.-3 Year-2017 Thana- MATIHANI District- Begusarai ====================================================== Mohan Singh S/o Late Shyam Sunder Singh, R/o Village- Jagatpura, Ramdiri, P.S.- Matihani, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. LALAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2018 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 135 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.10.2017. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 135 liters wine is recovered from the back side of the house of Mohan Singh and Shivam Singh in abandoned state. Nothing incriminating has been recovered

Patna High Court Cr.Misc. No.4953 of 2018(3) dt.16-02-2018 2/2 from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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, 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 7th, Begusarai-cum-Special Judge, Bihar Prohibition and Excise Act, 2016 in connection with Matihani P.S. case No.03 of 2017.

(Sudhir Singh, J) Narendra/- U T