Raja Kumar Ram @ Raja Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60929 of 2017 Arising Out of PS. Case No.-407 Year-2017 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Raja Kumar Ram @ Raja Kumar Sah Son of Harendra Sah Resident of Village - Harpur, P.S. - Gopalganj, District - Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. SATYENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2018 A supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

In pursuance of the supplementary affidavit filed on behalf of the petitioner, the counsel for the petitioner is permitted to make necessary correction in para 3 of the petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 353, 307, 308, 420 of the I.P.C. and Sections 30(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2737 liters wine is recovered.

Patna High Court Cr.Misc. No.60929 of 2017(3) dt.16-02-2018 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.10.2017. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2737 liters wine is recovered while the truck in question was being unloaded. The petitioner has not been apprehended on the spot. The name of the petitioner has come on the confessional statement of the co-accused. 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./complaint case.

Considering the aforesaid facts and circumstances, it is directed that 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 A.D.J. IInd, Gopalganj in connection with Town P.S. case No.407 of 2017.

Narendra/- (Sudhir Singh, J) U T