Dipak Kumar Singh @ Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13686 of 2018 Arising Out of PS.Case No. -466 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Dipak Kumar Singh @ Chandan Singh, Son of Late Dadan Singh, Resident of Village- Saphi, P.S.- Brahmpur, District- Buxar. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 09.12.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 94.32 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 94.32 liters wine is recovered from the joint house of the petitioner. The name of the petitioner has come
Patna High Court Cr.Misc. No.13686 of 2018 (2) dt.09-03-2018 2/2 on the basis of alleged recovery made from joint house of the petitioner where other family members also reside. 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, let 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 the learned A.D.J.-II-cumSpecial Judge, Excise Act, Buxar, in connection with Brahmpur P.S. Case No. 466 of 2017.
U.K./- (Sudhir Singh, J) U T