Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26322 of 2017 Arising Out of PS.Case No. -186 Year- 2016 Thana -SONO District- JAMUI ====================================================== Chandan Kumar, Son of Murari Ram, Resident of Village- Kutauth, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Hansraj, Advocate. For the Opposite Party : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 28.11.2016 in connection with Sono P.S. Case No. 186 of 2016 for the offences instituted under Sections 272, 273 of the IPC and 37, 41, 47 and 53 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on 26.11.2016 on secret information, the informant checked a truck and 981 liters of foreign liquor recovered. Chandan Kumar driver of the vehicle was arrested who told the name of the owner of the said truck as Soni Singh.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2016 and the charge sheet has

Patna High Court Cr.Misc. No.26322 of 2017 (2) dt.07-07-2017 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner is the driver of the said vehicle. He had no knowledge regarding the goods being transported in the vehicle. 981 liters of foreign liquor is said to have been recovered from the vehicle. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Jamui, in connection with Sono P.S. Case No. 186/2016. U.K./- (Sudhir Singh, J) U T