Raj Bali Kumar @ Rajbali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4895 of 2018 Arising Out of PS. Case No.-446 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raj Bali Kumar @ Rajbali S/o Pramod Singh, R/o Village- Ramdiri, Loka Singh Tola, Ward No. 7, 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. JAGDHAR PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 414 of the I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 717 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.11.2017. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in the present case on the disclosure made by the co-accused. Except

Patna High Court Cr.Misc. No.4895 of 2018(3) dt.17-02-2018 2/2 for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has not been apprehended on the spot. It is alleged that 717 liters wine is recovered from five vehicle along with different places in question. Nothing incriminating has been recovered 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. Other co-accused has been granted bail vide Cr.Misc.No.54289 of 2017.

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, Begusarai in connection with Mufassil P.S. case No.446 of 2017.

(Sudhir Singh, J) Narendra/- U T