Patna High CourtCR. MISC./11543/2018bail granted

Md. Parvez v. The State Of Bihar

2018-02-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11543 of 2018 Arising Out of PS. Case No.-894 Year-2017 Thana- KHAZANIHAT District- Purnia ====================================================== Md. Parvez Son of Late Yasheen @ Asheen Resident of Village-Marghi, Tola-Mushapur POlice Station-Korha, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanand Roy For the Opposite Party/s :

SMT. REENA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2018 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 Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 122.590 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2017 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. It is alleged that 122.590 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. Petitioner was

Patna High Court Cr.Misc. No.11543 of 2018(2) dt.28-02-2018 2/2 not apprehended on the spot. 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 3rd Additional Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Special Excise Case No. 2948 of 2017 (arising out of K. Hat (Maranga) P.S. Case No. 894 of 2017). (Sudhir Singh, J) Pankaj/- U T