Patna High CourtCR. MISC./31289/2017bail granted

Bajrang Kumar Singh v. The State Of Bihar

2017-07-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31289 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -KUTUMBA District- AURANGABAD ====================================================== Bajrang Kumar Singh, Son of Sarjoo Singh Resident of Village-Pipra, P.S.- Kutumba, Distt.-Aurangabad (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar Singh, Advocate. For the Opposite Party : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 28.05.2017 in connection with Kutumba P.S. Case No. 71/2017 for the offences instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that the police caught three persons, namely, Mintu Kumar, Sushil Kumar and Praveen Kumar and recovered 90 liters of country made liquor from their possession.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.05.2017. There is no allegation of tampering of the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.31289 of 2017 (2) dt.10-07-2017 2/2 got no criminal antecedent. 90 liters of country made liquor is said to have been recovered. The same has not been recovered from conscious possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II-cumSpecial Judge, Aurangabad, in connection with Kutumba P.S. Case No. 71/2017.

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