Patna High CourtCR. MISC./57140/2017bail granted

Kanchan Rai v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57140 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Kanchan Rai S/o Rajendra Rai, R/o Village- Sarfabad, P.S.- Raghopur (Rustampur O.P.), District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 414 of the Indian Penal Code and 30(a), 37 of Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that 45 liters of wine is said to have been recovered from a motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.08.2017. 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. It is alleged that 45 liters of wine is recovered from a motorcycle. The motorcycle in

Patna High Court Cr.Misc. No.57140 of 2017 (2) dt.14-12-2017 2/2 question does not belong to the petitioner. The petitioner had no knowledge regarding the liquor being carried on the motorcycle. There is no compliance of Section 100 of the Cr.P.C. 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 2ndAdditional Sessions Judge-cum-Special Court (Excise Act), Vaishali at Hajipur, in connection with Raghopur (Rustampur O.P.) P.S. Case No. 86/2017.

(Sudhir Singh, J) Amit/- U T