Vinay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28733 of 2018 Arising Out of PS.Case No. -183 Year- 2018 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Vinay Singh, Son of Yogendra Singh, Resident of Village- Mahmadpur Balmi, Police Station- Motipur, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Upendra Kumar Chaubey, Advocate. For the State : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 17.03.2018 in a case for the offence registered under Sections 272, 273 of I.P.C and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 88.200 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 88.200 liters wine is recovered from the straw house of the

Patna High Court Cr.Misc. No.28733 of 2018 (2) dt.10-05-2018 2/2 petitioner. The name of the petitioner has come on the basis of disclosure made by co-accused Vishal Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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, let 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 the learned Special Judge, Muzaffarpur, in connection with Motipur P.S. Case No. 183 of 2018.

U.K./- (Sudhir Singh, J) U T