Ravi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26123 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- NALANDA District- Nalanda ====================================================== Ravi Singh, Son of Krishna Singh, Resident of Village- Kool, Police StationNalanda, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2018 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 and 30(A) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 78 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.3.2018. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 78 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. The petitioner has been made accused in this case only for the reason that he was also present by the side of the car

Patna High Court Cr.Misc. No.26123 of 2018(2) dt.03-05-2018 2/2 in question at the time of search. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery from the conscious possession of the petitioner. The petitioner had no knowledge regarding the liquor kept in the car. 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 6th Additional District & Sessions Judge-cum- Special Judge, Excise, Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 48/2018.

(Sudhir Singh, J) Pankaj/- U T