Patna High CourtCR. MISC./57257/2017bail granted

Suman Kumar v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57257 of 2017 Arising Out of PS.Case No. -838 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================

1. Suman Kumar, son of Shri Ram Chandra Yadav, Resident of VillageLitiyahi, P.S.- Pipra, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that 63 liters of wine is said to have been recovered from a car in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.09.2017. The prosecution report has not been submitted till date. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 63 liters of wine is recovered from a car in question. The petitioner has remained in custody beyond 60 days period as provided under the Statute, as

Patna High Court Cr.Misc. No.57257 of 2017 (2) dt.14-12-2017 2/2 per Section 91(3) of Bihar Prohibition and Excise Act, 2016. The petitioner is said to be the driver of the said vehicle. The petitioner had no knowledge regarding the goods being kept in the car. There is no compliance of Section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is named in the Complaint.

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 1st Additional Sessions Judge-cum-Special Judge (Excise), Supaul, in connection with Misc. Excise Case No.838/2017.

(Sudhir Singh, J) Amit/- U T