Patna High CourtCR. MISC./57435/2017bail granted

Rohit Singh v. The State Of Bihar

2017-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57435 of 2017 Arising Out of PS.Case No. -1480 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Rohit Singh S/O Ram Narayan Singh, resident of Village- Gori, P.S.- Kargahar, District-Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 30(a), 38, 41, 37(b) of Bihar Prohibition and Excise Act, 2016.

It is alleged that 388 litres of liquor is said to have been recovered from the house of Ramji Yadav.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.10.2017. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 388 litres of wine is recovered from the house of Ramji Yadav as per F.I.R. The place of recovery of liquor does not belong to the petitioner nor the petitioner has got any concern

Patna High Court Cr.Misc. No.57435 of 2017 (2) dt.15-12-2017 2/2 with the alleged recovered wine in question. The petitioner was only passing by the house of Ramji Yadav hence he was apprehended by the police. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned Additional Sessions Judge-II-cum-Special Court, Excise, Rohtas at Sasaram, in connection with Sasaram (Model) P.S. Case No. 1480/2017. (Sudhir Singh, J) Amit/- U T