Balbir @ Balbir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50222 of 2017 ====================================================== Balbir @ Balbir Singh, Son of Tara Chad, Resident of Village- Kari Das, P.S.- Badhra, District- Bhiwani (Haryana).

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Abhay Shankar Singh, Advocate. For the Opposite Party : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 10.08.2017 in a case for the offence registered under Sections 272, 273, 420, 467, 468, 471, 120(B) of the IPC, 30(a), 35(a), 38(i)(ii) 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that the police searched the truck and recovered 2667.960 Liters of foreign liquor from the truck.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. 2667.960 liters of foreign liquor is said to have been

Patna High Court Cr.Misc. No.50222 of 2017 (2) dt.17-10-2017 2/2 recovered from the truck. It is further submitted that the petitioner is ex-owner of the vehicle which had already been sold to other co-accused prior to the date of alleged occurrence. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the learned counsel for the State, it has been 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 the learned Additional Sessions Judge-II, Samastipur, in connection with Khanpur P.S. Case No. 30 of 2017.

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