Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2791 of 2018 Arising Out of PS. Case No.-173 Year-2017 Thana- DHANSORI District- Buxar ====================================================== Chandan Singh Son f Bhola Singh, Resident of Village-Katariya, P.S. Rajpur, District Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nirbhay Prashant, Advocate For the Opposite Party/s :

Mr. ANIL PRASAD SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 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 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 77.760 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.12.2017 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. The name of the petitioner has transpired in the present case as being the owner of the car. The said car was being used as a taxi. It is alleged that 77.760 liters

Patna High Court Cr.Misc. No.2791 of 2018(4) dt.20-02-2018 2/2 wine is recovered from the car in question. The petitioner had no knowledge regarding the nature of goods in question transported in the car in question by the co-passengers. 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 A.D.J. II-cum-Special Judge, Excise Act, Buxar in connection with Dhansoi P.S. case No.173 of 2017.

(Sudhir Singh, J) Narendra/- U T