Patna High CourtCR. MISC./9591/2018bail granted

Amit Kumar @ Chhotu v. The State Of Bihar

2018-02-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9591 of 2018 Arising Out of PS.Case No. -664 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Amit Kumar @ Chhotu, S/o Suresh Tanti, R/o Village- Panhans, P.S.- Nagar (Lohiya Nagar O.P.), District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dr. Bimal Kumar Jha, Advocate. For the Opposite Party : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.11.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 62.295 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 62.295 liters

Patna High Court Cr.Misc. No.9591 of 2018 (2) dt.20-02-2018 2/2 wine is recovered. As far as petitioner is concerned, 375 ML wine is recovered from his possession. The name of the petitioner has come on the basis of disclosure made by the petitioner alongwith other accused persons. There is no compliance of Section 100 Cr. P.C. Other co-accused have been granted bail by another coordinate Bench of this Court vide Cr. Misc. No. 8725 of 2018 dated 17.02.2018.

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 Additional Sessions Judge-7th, Begusarai-cum-Special Judge, Begusarai under Bihar Prohibition & Excise Act, 2016, in connection with Town (Lohiya Nagar O.P.) P.S. Case No. 664 of 2017.

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