Patna High CourtCR. MISC./54383/2019bail granted

Sanjay Yadav v. The State Of Bihar

2019-09-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54383 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- NIMACHANDPURA District- Begusarai ====================================================== SANJAY YADAV, (M), aged about 40 years, Son of Rajeshwar Yadav, Resident of Village-Kailashpur Ulao, Police Station-Singhaul O.P., DistrictBegusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rai Mukesh Sharma, Advocate.

For the Opposite Party :

Mr.Amarendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.06.2019 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 302.04 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total

Patna High Court CR. MISC. No.54383 of 2019(2) dt.03-09-2019 2/2 302.04 liters wine is recovered from the Pick-up Van in question. The petitioner is the owner of the said vehicle. The said vehicle was given on rent to one Parshuram Singh @ Bhulla Singh. He had no knowledge regarding the goods booked by the Transporter. 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, 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 the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai, in connection with Excise Act Case No. 327 of 2018 (arising out of Nimachandpura P.S. Case No. 69 of 2018.

(Sudhir Singh, J) U.K./- U T