Bhagawan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11634 of 2018 Arising Out of PS. Case No.-843 Year-2017 Thana- KANKARBAGH District- Patna ====================================================== Bhagawan Das, Son of Late Ramdahin Dass, resident of Village Malahi Pakri, P.S. Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. . KUMAR UDAY PRATAP ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 58 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.11.2017. 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 58 liters wine is recovered from a rickshaw. Petitioner has not been apprehended on the spot. The name of the petitioner has transpired on the basis of disclosure

Patna High Court Cr.Misc. No.11634 of 2018(2) dt.28-02-2018 2/2 made by the co-accused. 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 Special Judge, Excise, Patna in connection with Special Case No. 7579 of 2017 (arising out of Kankarbagh P.S. Case No. 843 of 2017).

(Sudhir Singh, J) Pankaj/- U T