Patna High CourtCR. MISC./55112/2018bail granted

Jitendra Kumar v. The State Of Bihar

2018-09-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55112 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Jitendra Kumar S/o Ram Chandra Singh, R/o vill. Lakho, P.S. Begusarai Muffasil (Lakho O.P.), Dist. Begusarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2018 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 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that total 674.280 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.07.2018 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. It is alleged that 674.280 liters wine is recovered from from the motorcycle and pick up van.

Patna High Court Cr.Misc. No.55112 of 2018(2) dt.05-09-2018 2/2 None of the vehicles in question belongs to the petitioner. 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 Addl. Sessions Judge II-cum-Special Judge, Excise Act, Begusarai in connection with Matihani P.S. case No.89 of 2018. (Sudhir Singh, J) Narendra/- U T