Patna High CourtCR. MISC./8229/2018bail granted

Bagendra Kumar And ANR v. The State Of Bihar

2018-03-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8229 of 2018 Arising Out of PS. Case No.-434 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ======================================================

1. Bagendra Kumar S/o Late Bharat Singh resident of village - Jahura, P.S. - Sahebganj, District - Muzaffarpur.

2. Vikash Kumar S/o late Ganesh Prasad Singh resident of village - Jahingara, P.S. - Sahpur Patori, District - Samastipur, At present resident of Damodarpur Housing Board, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

SMT. ANITA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-03-2018 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 30(a), 32(2) and 38 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 3280.680 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2017 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

Patna High Court Cr.Misc. No.8229 of 2018(3) dt.14-03-2018 2/2 3280.680 liters wine is recovered from 7 different places. The petitioner is said to be co-passenger in one of the vehicles from where the alleged recovery is made. 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 Special Judge, Excise Act, Muzaffarpur in connection with Excise Case No. 434/2017 arising out of P.R. No. 13/17-18. (Sudhir Singh, J) Pankaj/- U T