Munna Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20679 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- DANIYAWAN District- Patna ====================================================== MUNNA KEWAT Son of Ramdeo Kewat Resident of Village - Danara, P.S.- Daniyawan, Dist.-Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 307 of the Indian Penal Code, 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016 and 25(1b)a, 26 and 27 of the Arms Act. The prosecution case in short is that the accused persons were indulged in sale and purchase of illegal wine and one pistol, 6 cartridges and 10 liters wine were recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.10.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. In

Patna High Court CR. MISC. No.20679 of 2019(3) dt.02-05-2019 2/2 course of occurrence, no one is said to have been injured. One country made pistol, 6 cartridges and 10 literes wine are said to have been recovered. The petitioner has remained in custody for more than six months. There is no compliance of Section 100 of 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, 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 Special Judge, Excise, Patna in connection with Special Case No. 9714/2018 arising out of Daniyawan P.S. Case No. 142 of 2018.

(Sudhir Singh, J) Pankaj/- U T