Patna High CourtCR. MISC./57669/2017bail granted

Annu Kumar v. The State Of Bihar

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57669 of 2017 Arising Out of PS.Case No. -339 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. Annu Kumar Son of Anil Kumar Resident of village- Charkhi, P.S.- Charkhi (Dadri), District- Bhiwani (Haryana) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is alleged that 2064 litres of liquor is said to have been recovered from the container vehicle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.09.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2064 litres of wine is recovered from the Container vehicle in question. At the time of occurrence, the petitioner was passing on his Scorpio vehicle. He is suspected to be involved in the present

Patna High Court Cr.Misc. No.57669 of 2017 (2) dt.18-12-2017 2/2 case. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 of the Cr.P.C. The other co-accused have been granted bail vide Cr. Misc. No.55212 of 2017 dated 20.11.2017.

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, Excise Act, Buxar, in connection with Brahmpur P.S. Case No.339/2017, G.R. No.2847/2017. (Sudhir Singh, J) Amit/- U T