Jai Prakash Ray @ Vakil Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13587 of 2018 Arising Out of PS. Case No.-390 Year-2017 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Jai Prakash Ray @ Vakil Roy son of late Harihar Roy, resident of village Machhahata chowk Bhaura, Ward No.27, P.S. Madhubani town, District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. DASHRATH MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 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 272, 273 of the I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 140.250 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2017 and has got no criminal antecedent. 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 140.250 liters wine is recovered from the car in question. The petitioner is

Patna High Court Cr.Misc. No.13587 of 2018(2) dt.08-03-2018 2/2 alleged to be the co-passenger in the car. The petitioner had no knowledge regarding the liquor kept in the car. 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 District and Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Madhubani Town P.S. case No.390 of 2017.

(Sudhir Singh, J) Narendra/- U T