Karmbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11466 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Karmbir Son of Sultan Singh Resident of Village - Khedaka, Police Station - Badali, District - Jhajhar (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 30(a), 32(2), 36 & 41(1) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 2845.800 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-11-2019. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 2845.800 liters wine is recovered from the truck, in question. The petitioner is said to be Khalasi of the

Patna High Court CR. MISC. No.11466 of 2020(2) dt.28-02-2020 2/2 truck, in question. He had no knowledge regarding the nature of goods, booked by the transporter. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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.

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 learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Kuchaikote P.S. Case No. 402 of 2019. (Sudhir Singh, J) A.K.V.//- U T