Santosh Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1565 of 2018 Arising Out of PS. Case No.-446 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Santosh Kumar @ Sanjeev Kumar S/o Rambalak Singh R/o Khanhar, P.S. - Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 414 of the I.P.C. and Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 638 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.09.2017 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. It is alleged that 638 liters wine is recovered from the joint house of the petitioner and from a ditch

Patna High Court Cr.Misc. No.1565 of 2018(3) dt.16-02-2018 2/2 by the side of the public road. The other family members also reside in the said joint house 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./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 Additional Sessions Judge VII-cum-Special Judge, Begusarai, Bihar Prohibition and Excise Act, 2016 in connection with G.R. case No.3524 of 2017 arising out of Begusarai Muffasil P.S. case No.446 of 2017.

(Sudhir Singh, J) Narendra/- U T