Ankus @ Ankush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17657 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Ankus @ Ankush Singh, Son of Sri Vinay Singh @ Vinay Kumar Singh, Resident of Village- Basudeopur, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nirbhay Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 38, 47, 38(1) and 38(2)(iii) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 35.250 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.01.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 35.250 liters wine is recovered from the car in question. Petitioner is

Patna High Court Cr.Misc. No.17657 of 2018(2) dt.02-04-2018 2/2 co-passenger in the said car. There is no compliance of Section 100 Cr.P.C. Co-accused Pappu Jha has been granted bail vide order dated 13.03.2018 passed in Cr. Misc. No. 14452 of 2018 while co-accuseds Ajay Kumar Rai and Dilip Rai have been granted anticipatory bail vide order dated 27.02.2018 passed in Cr. Misc. No. 11600 of 2018.

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, 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 Additional Sessions Judge-3rd-cum- Special Judge, Excise, Samastipur in connection with Kalyanpur P.S. Case No. 7/2018.

(Sudhir Singh, J) Pankaj/- U T