Patna High CourtCR. MISC./55254/2017bail granted

Devi Sharan v. The State Of Bihar

2017-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55254 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Devi Sharan S/o Late Hukumchand R/o Village- Hansi, P.S.- Hansi, District- Hisar, Hariyana.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 30(k) of Bihar Prohibition and Excise Act, 2016. It is alleged that 1179 litres of liquor is recovered from a pick up Van.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.06.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1179 litres of wine is recovered from a pick up Van in question. The pick up Van is a carrier vehicle. What goods were being loaded

Patna High Court Cr.Misc. No.55254 of 2017 (3) dt.15-12-2017 2/2 on the alleged vehicle, the petitioner had no knowledge regarding the same. There is no recovery of any incriminating article from the conscious possession of the petitioner. There is no compliance of section 100 of the Cr.P.C.

On behalf of 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Hajipur, in connection with Vidupur P.S. Case No.188 of 2017, G.R. No.2629/2017.

(Sudhir Singh, J) Amit/- U T