Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41717 of 2019 Arising Out of PS. Case No.-480 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== NEERAJ KUMAR @ NIRAJ KUMAR, aged about 28 years, (Male), Son of Kamlesh Ray, Resident of Village - Mishrauliya, P.S.- Sakra, Dist.- Muzaffarpur.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ranjan Kumar, Advocate.

For the Opposite Party :

Mr.Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 16.03.2019 in a case for the offence registered under Sections 272, 273 of the IPC, 30(a), 35(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 625.680 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is

Patna High Court CR. MISC. No.41717 of 2019(2) dt.09-07-2019 2/2 alleged that total 625.680 liters wine is recovered from the Truck in question. The Truck in question does not belong to 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/ Complaint Case. 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 the learned Special Judge, Excise Act, Muzaffarpur, in connection with Sakra P.S. Case No. 480 of 2018.

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