Sandeep Kumar @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11017 of 2018 Arising Out of PS. Case No.-552 Year-2016 Thana- SIWAN CITY District- Siwan ====================================================== Sandeep Kumar @ Sanjeet Kumar, Son of Munna Chaudhary, Resident of Village-Sabji Mandi Machhali Hatta, P.S. Siwan Town, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. NITYANAND TIWARY ====================================================== 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 47(a), 53(b) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 16 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.01.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 16 liters wine is recovered from the back side of the house of Manoj Kumar. The petitioner was not apprehended on the spot. The name of the petitioner has

Patna High Court Cr.Misc. No.11017 of 2018(4) dt.08-03-2018 2/2 transpired on the basis of disclosure made by the co-villager. 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.

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 & Sessions Judge-II- Special Judge, Excise, Siwan in connection with Siwan Town P.S. Case No. 552 of 2016.

(Sudhir Singh, J) Pankaj/- U T