Ajit Kumar @ Ajit Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57890 of 2017 Arising Out of PS.Case No. -305 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ====================================================== Ajit Kumar @ Ajit Mishra, Son of Nagendra Misra, Resident of VillageMahmadpur Dardha, P.S.- Sakra, Distt.- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Mukesh Kumar No-1, Advocate. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== 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 is languishing in custody since 20.08.2017 in a case for the offence registered under Sections 272, 273 of the IPC, 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 81 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 81 liters wine from the
Patna High Court Cr.Misc. No.57890 of 2017 (2) dt.18-12-2017 2/2 vehicle in question and from the Government Pump House. The petitioner was a passenger in the said vehicle. Except for this, there is no other substantive evidence to suggest the implication of 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.
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 Special Judge, Excise-cum-Vigilance, North Bihar, Muzaffarpur, in connection with Sakra P.S. Case No. 305 of 2017.
U.K./- (Sudhir Singh, J) U T