Patna High CourtCR. MISC./59208/2017bail granted

Ashok Kumar Rai @ Ashok Rai v. The State Of Bihar

2018-02-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59208 of 2017 Arising Out of PS. Case No.-571 Year-2016 Thana- CHAPRA TOWN District- Saran ====================================================== Ashok Kumar Rai @ Ashok Rai S/o Late Bhageshwar Rai, R/o Village/Mohalla- Gandhi Chowk, P.S.- Chapra Town, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. AJAY KUMAR-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 3430 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2017 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 3430 liters wine is recovered from a godown, which has been let out by the petitioner to one Mukesh Rai. The petitioner has not been

Patna High Court Cr.Misc. No.59208 of 2017(4) dt.16-02-2018 2/2 arrested on the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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./complaint case.

Considering the aforesaid facts and circumstances, it is directed that 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 A.D.J. 6, Saran at Chapra in connection with Chapra Town P.S. case No.571 of 2016.

(Sudhir Singh, J) Narendra/- U T