Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31608 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== SUBODH KUMAR, Gender-Male, aged about 23 years, Son of Mauje Lal Yadav @ Mauje Lal Ray, Resident of Village - Hardiya, P.S.- Kundwa, Chainpur, Distt - East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Zaki Haider, Advocate.

For the Opposite Party :

Mr.Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 11.03.2019 in a case for the offence registered under Sections 272,273, 420/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 2520 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. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.31608 of 2019(2) dt.13-05-2019 2/2 falsely been implicated in the present case. It is alleged that total 2520 liters wine is recovered from the Pick-up Van. The petitioner is alleged to be owner of the said vehicle. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. 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 Special Judge, Excise, Motihari, East Champaran, in connection with Kundwa Chainpur P.S. Case No. 24 of 2019.

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