Bishnu Kumar @ Vishnu Saday @ Vishun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56432 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== BISHNU KUMAR @ VISHNU SADAY @ VISHUN KUMAR, aged about 19 years (Male), Son of Pulkit Saday, Resident of Village- Baldiha, P.S.- Jaynagar, District- Madhubani.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Shailendra Kumar Jha, Advocate.
For the Opposite Party :
Mr.Akbar Ali, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 18.04.2019 in a case for the offence registered under Sections 272, 273/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 116 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
Patna High Court CR. MISC. No.56432 of 2019(2) dt.05-09-2019 2/2 falsely been implicated in the present case. It is alleged that total 116 liters wine is recovered from possession of the petitioner. 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 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, in connection with Jaynagar P.S. Case No. 206/2019, corresponding to G.R. No. 768/2019.
(Sudhir Singh, J) U.K./- U T