Patna High CourtCR. MISC./14691/2020bail granted

Md. Anjar @ Anjar v. The State Of Bihar

2020-03-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14691 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== MD. ANJAR @ ANJAR Son of Sirajul Shekh @ Shekh Sirajul Resident of Village - Durgapatti, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 540 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-01-2020. It is alleged that 540 liters wine is recovered from the orchard in question. The orchard in question does not belong to the petitioner. The petitioner's name transpired in this case as the

Patna High Court CR. MISC. No.14691 of 2020(2) dt.02-03-2020 2/2 motorcycle of father of the petitioner was parked by side of the orchard. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present 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.

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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 194 of 2019. (Sudhir Singh, J) A.K.V.//- U T