Bachcha Singh @ Bachcha Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50597 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Bachcha Singh @ Bachcha Babu son of Sri Rama Singh, resident of Village- Methurapur, Police Station- Jandaha, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar, Advocate. For the Opposite Party : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 09.08.2017 in a case for the offence registered under Sections 30(a) and 38(i) (ii) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that the police searched the Garage of the petitioner and other co-accused and recovered 1318.680 liters of foreign liquor.

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. 1318.680 liters of foreign liquor is said to have been recovered from the Garage of the

Patna High Court Cr.Misc. No.50597 of 2017 (2) dt.18-10-2017 2/2 petitioner and other co-accused person. It is further submitted that the said recovery is said to have been made from a Garage which does not belong to the petitioner. 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- cum-Special Judge, Hajipur, Vaishali in connection with Desari P.S. Case No. 178/2017.

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