Raj Kishore Kumar@Rajkishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34786 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- KHANPURA District- Samastipur ====================================================== RAJ KISHORE KUMAR @ RAJKISHORE, aged about 25 years, Male, son of MAHESHWAR MAHTO, Resident of Village- Shobhan Tara, P.S.- Khanpur, District- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Raja Ram Mishra, Advocate.

For the Opposite Party :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 272, 273 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 385.2 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 23.06.2020 and has got no criminal antecedent. Charge sheet

Patna High Court CR. MISC. No.34786 of 2020(2) dt.20-01-2021 2/2 has been submitted in the present case. 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 385.2 liters wine is recovered. 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.

Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise Act, Samastipur, in connection with Khanpur P.S. Case No. 87 of 2020.

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