Patna High CourtCR. MISC./19465/2018bail granted

Anil Sah v. The State Of Bihar

2018-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19465 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== Anil Sah S/o Late Dineshwar Sah, R/o Village- Khori Pakar, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2018 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, 308, 420, 120(B), 201/34 of the I.P.C. and Sections 30(a), 38, 41(i) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 3300 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.2.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the disclosure made by co-accused Ranjit Kumar Singh. Except for

Patna High Court Cr.Misc. No.19465 of 2018(2) dt.12-04-2018 2/2 this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. It is alleged that 3300 liters wine is recovered from six different vehicles. None of the vehicles in question belongs to the petitioner. 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. 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 Second, Siwan in connection with Basantpur P.S. case No.25 of 2018.

(Sudhir Singh, J) Narendra/- U T