Patna High CourtCR. MISC./55579/2017bail granted

Sudama Singh v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55579 of 2017 Arising Out of PS.Case No. -528 Year- 2017 Thana -BUXAR District- BUXAR ======================================================

1. Sudama Singh Son of Anil Singh, R/o Mohalla- Gyndigate Budhanpurwa, P.S.- Buxar Town, District- Buxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nil Kamal For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Learned counsel for the petitioner is permitted to make necessary correction in para-3 of the petition in light of supplementary affidavit filed on behalf of the petitioner in course of day.

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

The petitioner seeks bail in a case instituted under Sections 272, 273, 34 of the Indian Penal Code and 30(a), 41(i) of Bihar Prohibition and Excise Amendment Act, 2016. The prosecution case, in brief, is that 63 liters of wine is said to have been recovered from a car in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2017. The charge sheet has

Patna High Court Cr.Misc. No.55579 of 2017 (3) dt.14-12-2017 2/2 been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 63 liters of wine is recovered from a car in question. The petitioner is said to be the driver of the said car. The petitioner has remained in custody for about four months. The petitioner had no knowledge regarding the goods being kept in the said car. 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 2ndAdditional Sessions Judge-cum-Special Judge (Excise), Buxar, in connection with Buxar Town P.S. Case No.528/2017.

(Sudhir Singh, J) Amit/- U T