Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9337 of 2018 Arising Out of PS. Case No.-927 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Golu Kumar,, s/o- Vijay Prasad @ Vijay Prasad Sah, r/o- village Pankaj Market, Noniya Patti Gali, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. ANSARUL HAQUE ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 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 401, 272, 273 of the Indian Penal Code and Sections 30(a), 38(2) and 41 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 4.32 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 4.32 liters wine is recovered from the auto rickshaw in question.

Patna High Court Cr.Misc. No.9337 of 2018(2) dt.17-02-2018 2/2 Petitioner is said to be the co-passenger in the said auto rickshaw. He had no knowledge regarding the liquor kept in the said auto rickshaw. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted bail vide order dated 01.02.2018 passed in Cr. Misc. No. 6257 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 3rd Additional Sessions Judge-cum-Special Judge, Excise Act, Muzaffarpur in connection with Town P.S. Case No. 927 of 2017.

(Sudhir Singh, J) Pankaj/- U T