Patna High CourtCR. MISC./58773/2017bail granted

Ram Karan Mahto @ Ram Karan v. The State Of Bihar

2018-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58773 of 2017 Arising Out of PS.Case No. -303 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. RAM KARAN MAHTO @ RAM KARAN S/o Ram Chandra Mahto, R/o Village- Mukhiyarpur, Salkhanni, P.S.- Dalsinghsarai, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 30(a), 38 and 41 of Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that 52 liters wine is recovered from a car in question.

The petitioner is in custody since 24.09.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused as he was also travelling in the car in question, from where the alleged recovery is being made. It is alleged that 52

Patna High Court Cr.Misc. No.58773 of 2017 (3) dt.11-01-2018 2/2 liters of wine is recovered from a car in question. The petitioner had no knowledge regarding the liquor being carried in the car in question. There is no compliance of Section 100 of the Cr.P.C. The other co-accused has been granted bail vide Cr. Misc. No.56384/2017 dated 04.12.2017.

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 2nd Additional Sessions Judge, Samastipur, in connection with Dalsinghsarai P.S. Case No.303/2017.

(Sudhir Singh, J) Amit/- U T