Patna High CourtCR. MISC./18992/2019bail granted

Sangam Kumar v. The State Of Bihar

2019-04-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18992 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Sangam Kumar, aged about 21 Years, M, Son of Late Manoj Sngh, Resident of Village - Kendua, P.S.- Muffasil, Distt.- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Amresh Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 16.02.2019 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 50 liters 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. 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 total 50 liters wine is recovered from joint house of the petitioner. The name of the petitioner has come in the present case on the basis of alleged

Patna High Court CR. MISC. No.18992 of 2019(2) dt.08-04-2019 2/2 recovery made from joint house of the petitioner where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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/ Complaint Case. 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 A.D.J.-IIcum- Special Judge, Nawada, in connection with Muffasil P.S. Case No. 20/19.

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