Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58284 of 2017 Arising Out of PS. Case No.-104 Year-2017 Thana- KANHAULI District- Sitamarhi ====================================================== Chandan Kumar, S/o Ram Babu Pradhan, R/o Village- Kanhauli, P.S. Kanhauli, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. CHAUBEY JAWAHAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 272, 273/34 of the I.P.C. and 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 114 liters wine is recovered from a car.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.10.2017 and has no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 114 liters wine is recovered from a car. The name of the petitioner has come on the basis of confessional statement of the co-accused made before police as

Patna High Court Cr.Misc. No.58284 of 2017(2) dt.18-12-2017 2/2 per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. in question. The petitioner is said to be driver of the car. 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, let 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 A.D.J. II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Kanhauli P.S. case No.104 of 2017.

(Sudhir Singh, J) Narendra/- U T