Vikash Kumar @ Bala Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54448 of 2017 Arising Out of PS. Case No.-204 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Vikash Kumar @ Bala Jee, S/o Sri Basukinath Singh, Village- Madhopur, P.S.- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Kumar Singh For the Opposite Party/s :
Mr. AMRENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offence under Sections 30(a), 35(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 2388.24 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.09.2017 and has got no criminal antecedent. Prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2388.24 liters wine is recovered from the poultry farm in question in abandoned stage. No
Patna High Court Cr.Misc. No.54448 of 2017(5) dt.11-01-2018 2/2 recovery has been made from the conscious possession of the petitioner. 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 complaint.
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 2nd Addl. Sessions Judge-cum-Special Judge, Vaishali, Hajipur in connection with Case No. C2A-204/2017.
(Sudhir Singh, J) Narendra/- U T