Sushil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58490 of 2017 Arising Out of PS. Case No.-118 Year-2017 Thana- SINGHIYA District- Samastipur ====================================================== Sushil Sah S/o Ramjee Sah, R/o Village- Bharihar, P.S.- Singhia, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Anshu Dhar Sharma, Advocate For the State :
Mr. MADAN KUMAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Counsel for the petitioner is permitted to make necessary correction in prayer portion in course of the day. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 30(a), 38(1), 38(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 293 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.08.2017 and has no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 293 liters wine is recovered from a
Patna High Court Cr.Misc. No.58490 of 2017(2) dt.19-12-2017 2/2 van in question. The petitioner is said to be driver of the van in question. He had no knowledge regarding the goods being kept by the transporter in the van. There is no compliance of Section 100 Cr.P.C. Co-accused has been granted bail vide Cr.Misc.No.55285 of 2017.
On behalf of the State, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Singhia P.S. case No.118 of 2017. (Sudhir Singh, J) Narendra/- U T