Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52915 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== ROHIT KUMAR Son of Manoj Das Resident of Village - Ghandhi Chowk Kasbey Aahar, P.S.- Tajpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2019 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 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 34.560 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 34.560 liters wine is recovered behind the hut situated at the flank of the road. The hut in question does not belong to the petitioner. The name of the petitioner has transpired on the basis of

Patna High Court CR. MISC. No.52915 of 2019(2) dt.23-08-2019 2/2 disclosure made by the local residents. The name of local residents, who have named the petitioner, has not been disclosed by the prosecution. 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 2nd Additional Sessions Judge -cum- Special Judge, Excise, Samastipur in connection with Tajpur P.S. Case No. 87/2019.

(Sudhir Singh, J) Pankaj/- U T