Ajay Kunwar @ Tuntun Kunwar @ Ajoy Kumar @ Ajay Kumar @ Tuntun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21225 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Ajay Kunwar @ Tuntun Kunwar @ Ajoy Kumar @ Ajay Kumar @ Tuntun, Son of Nand Kishor Kunwar, Resident of Sonwarsah, Ward NO. 11, Police Station- Bihpur, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(A) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 835.2 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.1.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 835.2 liters wine is recovered from the joint house of the petitioner

Patna High Court Cr.Misc. No.21225 of 2018(3) dt.02-05-2018 2/2 where the other family members also reside. The petitioner had no knowledge regarding the liquor kept in the said joint house. 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, it is directed that 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 learned Special Judge, Excise, Bhagalpur in connection with Bihpur P.S. Case No. 30/2018.

(Sudhir Singh, J) Pankaj/- U T