Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2978 of 2018 Arising Out of PS. Case No.-29 Year-2017 Thana- KALER District- Jehanabad ====================================================== Sunil Kumar, Son of Jalim Rai, Resident of Village- Rampur Chakki, P.S.- Runni Shaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Smt. Renu Kumari, 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 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 1285 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.10.2017 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. The name of the petitioner has transpired on the basis of disclosure made by the co-accused namely Keshav Dev. Except for this, there is no

Patna High Court Cr.Misc. No.2978 of 2018(3) dt.16-02-2018 2/2 other substantive evidence to suggest the implication of the petitioner in this case. The petitioner has not been apprehended at the spot. It is alleged that 1285 liters wine is recovered from the truck in question. The petitioner had no knowledge regarding the alleged incident. Nothing has been recovered from the conscious possession 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-II, Jehanabad in connection with Excise Case No. 1115 of 2017 (arising out of Kaler P.S. Case No. 29 of 2017).

(Sudhir Singh, J) Pankaj/- U T