Patna High CourtCR. MISC./37794/2020bail granted

Raushan Kumar v. The State Of Bihar

2021-02-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37794 of 2020 Arising Out of PS. Case No.-33 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== Raushan Kumar, age (22), S/O Akhilesh Singh, R/O Mohalla - Gayatri Ghat Upardieh, P.S. - Vishnupad, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 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 Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 12.6 liters wine is said to have been recovered from the open field situated in front of the house of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 04.09.2020. Charge Sheet has been submitted in the present

Patna High Court CR. MISC. No.37794 of 2020(2) dt.05-02-2021 2/2 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 12.6 liters wine is recovered from the open field situated in front of the house of 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.

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 Special Judge, Excise, Gaya or concern court, Gaya, in connection with Vishnu Pad P.S. Case No. 33/2020.

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