Patna High CourtCR. MISC./50122/2019bail granted

Sarwan Kumar v. The State Of Bihar

2019-08-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50122 of 2019 Arising Out of PS. Case No.-683 Year-2019 Thana- NAWADA District- Nawada ====================================================== SARWAN KUMAR, aged about 21 years (Male), Son of Bijendra Prasad, Resident of Village - Kamalpura, P.S.- Nawada (Kadirganj), Distt - Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Man Mohan Kumar, Advocate.

For the Opposite Party :

Mrs.Veena Rani Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.06.2019 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 1089 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. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 1089 liters wine is recovered from the Truck in question. The

Patna High Court CR. MISC. No.50122 of 2019(2) dt.09-08-2019 2/2 petitioner had no knowledge regarding the nature of goods booked by the Transporter. 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 Sessions Judge-II-cum-Special Judge, Excise, Nawada, in connection with Nawada Town (Kadirganj) P.S. Case No. 683 of 2019.

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