Banti Kumar @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50871 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -SANGRAMPUR District- MUNGER ====================================================== Banti Kumar @ Chandan Kumar, Son of Haldhar Raut, Resident of Village/Mohalla:- Jamalpur, P.S.- Jamalpur, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 22.09.2016 in connection with Sangrampur P.S. Case No. 108/16 for offences punishable under Sections 47/53(C) of the Bihar Excise Act, 2016.
The prosecution case is that on secret information the police searched a car coming from Deoghar to Tarapur and seized 21 bottles (21 litres) of foreign liquor. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the present case. He submits that the three persons were travelling in the car and the said liquor was found under the foot folder
Patna High Court Cr.Misc. No.50871 of 2016 (2) dt.25-11-2016 2/2 (paidan) of the car. He further submits that the charge-sheet has already been submitted against him, hence, there is no chance of tampering with the evidence.
However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri J. Lal, learned ACJM-II, Munger, in connection with Sangrampur P.S. Case No. 108/16.
(Nilu Agrawal, J.) Rajesh/- U T