Patna High CourtCR. MISC./10068/2018bail granted

Mahesh Kumar Basak v. The State Of Bihar

2018-02-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10068 of 2018 Arising Out of PS.Case No. -291 Year- 2017 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Mahesh Kumar Basak, S/o Sri Prasad Basak , R/o Village- Mal Tola, P.S.- Bibiganj, District- Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.12.2017 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 8 liters is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. 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 8 liters wine is recovered from motorcycle in question. The name of the petitioner

Patna High Court Cr.Misc. No.10068 of 2018 (2) dt.20-02-2018 2/2 has come on the basis of alleged recovery made from the motorcycle in question. 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 Additional District and Sessions Judge-II-cum-Special Judge (Excise), Kishanganj, in connection with Bahadurganj P.S. Case No. 291 of 2017 giving rise to Special Case No. 504 of 2017.

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