Patna High CourtCR. MISC./32922/2017bail granted

Munchun Kumar v. The State Of Bihar

2017-08-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32922 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -BEUR District- PATNA ====================================================== Munchun Kumar, S/o-Vijay Prasad Yadav, R/o- Nijampur, P.S. Didarganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Neerad Parashar, Advocate. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 11.05.2017 in connection with Beur P.S. Case No. 105/2017, corresponding to Special Case No. 1380 of 2017 registered for the offence under Sections 272, 414 of the IPC and 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that 566.310 liters of foreign liquor was recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 11.05.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. It is

Patna High Court Cr.Misc. No.32922 of 2017 (3) dt.30-08-2017 2/2 alleged that 566.310 liters of foreign liquor is said to have been recovered. The petitioner has falsely been implicated in the present case. There is no recovery from conscious possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case. Other co-accused persons have been granted bail by this Court vide Cr. Misc. Nos. 29001 of 2017 and 30881/2017.

It is submitted by learned counsel for the State that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Beur P.S. Case No. 105/2017, corresponding to Special Case No. 1380/2017. U.K./- (Sudhir Singh, J) U T