Shashi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25682 of 2018 Arising Out of PS. Case No.-50 Year-2017 Thana- KACHHAWA District- Rohtas ====================================================== Shashi Singh, S/o Sheojag Singh, Resident of Village- Danwar, P.S.- Kachhawa, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2018 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 37(a) and 30(b) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the accused persons consumed liquor and thereafter their condition deteriorated and later some of them died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.1.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He was not apprehended on the spot. In course of investigation, his name

Patna High Court Cr.Misc. No.25682 of 2018(3) dt.15-05-2018 2/2 has transpired. There is no recovery of liquor from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. Other co-accused has been granted bail vide Annexure-2 to this application. On behalf of the State, it is submitted that the petitioner is not 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 Additional Sessions Judge-II-cum- Special Judge, Excise, Rohtas, Sasaram in connection with Kachhawan P.S. Case No. 50 of 2017.

(Sudhir Singh, J) Pankaj/- U T