Patna High CourtCR. MISC./58300/2017bail granted

Anil Kumar v. The State Of Bihar

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58300 of 2017 Arising Out of PS. Case No.-614 Year-2017 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Anil Kumar, S/o Chaman Lal Gupta, Resident of Bhabhua Ward No. 24, P.S. Bhabua, District- Kaimur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Nandan Sahay For the Opposite Party/s :

Mr. AKBAR ALI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 47 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.10.2017. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 47 liters wine is recovered from co-accused Ramashish Singh. The name of the petitioner has come on the basis of confessional statement of the co-accused made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.58300 of 2017(2) dt.18-12-2017 2/2 the implication of the petitioner in this case. The petitioner had no knowledge regarding the alleged incident. 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.

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 Special Judgecum-A.D.J. Ivth, Kaimur at Bhabhua in connection with Excise case No.1544 of 2017 arising out of Bhabua P.S. case No.614 of 2017.

(Sudhir Singh, J) Narendra/- U T