Patna High CourtCR. MISC./29017/2018bail granted

Manikant Kumar v. The State Of Bihar

2018-05-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29017 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- BAUSI District- Purnia ====================================================== Manikant Kumar S/o Shobhakant Yadav, R/o Vill.- Bishanpur, P.S.- Kumarkhand, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2018 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 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 285 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.03.2018 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 285 liters wine is recovered from the car. The name of the petitioner has transpired on the disclosure made by co-accused Pradeep

Patna High Court Cr.Misc. No.29017 of 2018(2) dt.11-05-2018 2/2 Mandal. 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. Co-accused has been granted bail vide Cr.Misc.No.25871 of 2018.

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 Addl. Sessions Judge-cum-Spl. Excise Judge, Purnea in connection with Baisi P.S. case No.59 of 2018 corresponding to Spl. Excise Case No.250 of 2018.

(Sudhir Singh, J) Narendra/- U T