Shiv Nandan Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10402 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Shiv Nandan Tanti, S/o Santosh Tanti, R/o Village- Mora, P.S.- Chhabila Pur (Rajgir), Distt.- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar, Advocate. For the Opposite Party : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 13.01.2018 in a case for the offence registered under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 340.125 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.10402 of 2018 (2) dt.27-02-2018 2/2 case. It is alleged that total 340.125 liters wine is recovered from joint house of the petitioner. The name of the petitioner has come on the basis of alleged recovery made from joint house of petitioner where other family members also reside. There is no compliance of Section 100 Cr. P.C. Other co-accused person has been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 3976 of 2018 dated 31.01.2018.

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, 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 Judge-VI-cum-Spl. Judge, Excise, Bihar Sharif at Nalanda, in connection with Chhabilapur (Rajgir) P.S. Case No. 118 of 2017. U.K./- (Sudhir Singh, J) U T