Subhash Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25732 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== Subhash Sinha, son of Late Bhajan Sinha, Resident of Village- Chopra, P.S. Chopra, District Uttar Dinazpur (W.B.).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 258.840 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.2.2018 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 258.840 liters wine is recovered from the Tata tempo in question. The petitioner is alleged to be driver of the said

Patna High Court Cr.Misc. No.25732 of 2018(2) dt.02-05-2018 2/2 vehicle. He had no knowledge regarding the nature of goods booked by the transporter. 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 Additional District & Sessions Judge-II-cum- Special Judge, Excise, Kishanganj in connection with Bahadurganj P.S. Case No. 49/2018 giving rise to Special Case No. 48 of 2018. (Sudhir Singh, J) Pankaj/- U T