Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57853 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -KHAGAUL District- PATNA ====================================================== Monu Kumar, Son of Late Satyendra Ram, resident of Nandu Tola, P.S.- Khagaul, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Kumar Kaushlendra, Advocate. For the Opposite Party : Mr. Satya Nand Shukla, 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 19.09.2017 in a case for the offence registered under Sections 30(a)(c), 36 and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that raw materials of wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that raw materials of wine is recovered from

Patna High Court Cr.Misc. No.57853 of 2017 (2) dt.18-12-2017 2/2 joint house of the petitioner where other family members also reside. 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 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, Patna, in connection with Khagaul P.S. Case No. 162 of 2017, Special Case No. 6108 of 2017.

U.K./- (Sudhir Singh, J) U T