Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42140 of 2019 Arising Out of PS. Case No.-115 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== ABHISHEK KUMAR, aged about 27 years (Male), Son of Surendra Prasad @ Surendar Prasad, Resident of Village - J.P Chauk Katrahiya Road, P.S.- Sadar, Distt.- Darbhanga.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Kedar Jha, Advocate.
For the Opposite Party :
Mr.Vinod Shanker Modi, 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 28.03.2019 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 658.185 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 alleged that total 658.185 liters wine is recovered from the Pick-
Patna High Court CR. MISC. No.42140 of 2019(2) dt.09-07-2019 2/2 up Van in question. The Pick-up Van 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 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Darbhanga, in connection with G.O. Case No. 540 of 2018, arisen out of L.N.M.U. P.S. Case No. 115 of 2018. (Sudhir Singh, J) U.K./- U T