Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31949 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== ARVIND KUMAR, aged about 26 years, Gender-M, Son of Sri Ashok Prasad Yadav @ Ashok Ray, R/v- New Yarpur, Janta Road, P.S.- Gardanibagh, Distt.- Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.03.2019 in a case for the offence registered under Sections 272, 273, 120(B) of the IPC, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 2326.08 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 2326.08 liters wine is

Patna High Court CR. MISC. No.31949 of 2019(2) dt.16-05-2019 2/2 recovered from the car and Truck. The petitioner is alleged to be the driver of the Tractor which was parked by the side of the Truck. The said Truck was loaded with wine. The Truck in question does not belong to 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, 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, Patna, in connection with Special Case No. 3060 of 2019, arising out of Jakkanpur P.S. Case No. 157 of 2019. (Sudhir Singh, J) U.K./- U T