Patna High CourtCR. MISC./60390/2017bail granted

Sudama Kumar v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60390 of 2017 Arising Out of PS. Case No.-237 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== Sudama Kumar S/o Late Pragash Mahto, R/o Village- Navinagar, P.S.- Deapnagar, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh For the Opposite Party/s :

SMT. REENA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30, 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that total 724 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of confessional statement of co-accused made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that total 724 liters wine is recovered from the house of co-

Patna High Court Cr.Misc. No.60390 of 2017(2) dt.14-12-2017 2/2 accused in abandoned stage. Nothing incriminating has been recovered 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 F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned VIth Addl. District & Sessions Judge-cum-Special Judge (Excise), Nalanda, Biharsharif in connection with Deepnagar P.S. case No.237 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T