Patna High CourtCR. MISC./57643/2017bail granted

Abhay Kumar @ Banty v. The State Of Bihar

2017-12-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57643 of 2017 Arising Out of PS. Case No.-303 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== Abhay Kumar @ Banty, son of Bhola Sah @ Bhola Prasad Sah, resident of Mohalla- Mangal Sah Chowk, P.S.- Dalasingsarai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy For the Opposite Party/s :

Mr. SATYA NAND SHUKLA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 952 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.09.2017 and has no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 952 liters wine is recovered from the truck in question. The petitioner is said to have been unloading the goods from the truck. He is a labourer. He had no knowledge regarding the goods being kept in the truck. There is no

Patna High Court Cr.Misc. No.57643 of 2017(2) dt.19-12-2017 2/2 compliance of Section 100 Cr.P.C. Other co-accused have been granted bail vide Cr.Misc.No.56526 of 2017, with Cr.Misc.No.55491 of 2017 and Cr.Misc.No.56384 of 2017. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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 learned 2nd Additional Sessions Judge, Samastipur-cum-Special Judge, Excise, Samastipur in connection with Dalsinghsarai P.S. case No.303 of 2017.

(Sudhir Singh, J) Narendra/- U T