Sarvajeet Singh @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10241 of 2018 Arising Out of PS.Case No. -413 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Sarvajeet Singh @ Sanjay Singh, S/o Nirbhay Singh @ Nirbhay Kumar Singh, Resident of Village- Sherpur Near Middle School, Sherpur, Machhauta, P.S.- Daraundha, District- Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rama Kant Singh, Advocate. For the Opposite Party : Mr. N.N. Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.01.2018 in a case for the offence registered under Sections 272, 273, 308, 420 of the IPC and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 9 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 this case. There is no allegation of tampering with the witnesses

Patna High Court Cr.Misc. No.10241 of 2018 (2) dt.22-02-2018 2/2 alleged against the petitioner. It is alleged that total 9 liters wine is recovered from Bolero vehicle in question. The petitioner has not been apprehended on the spot. The name of the petitioner has come on the basis of disclosure made by co-accused Shambhu Manjhi. 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 Special Judge, Excise, Siwan, in connection with Muffasil (Siwan) P.S. Case No. 413 of 2017.

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