Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58889 of 2019 Arising Out of PS. Case No.-278 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== SUDHIR KUMAR, aged about 20 years, Son of Nagina Singh @ Ram Nagina Rai, Resident of Village- Simari Bahpura (Bahyampur), Police Station- Bihta, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ganesh Prasad Yadav, Advocate.

For the Opposite Party :

Mrs.Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a), 38(ii) and 37(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 11 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 11.07.2019. 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. It is alleged that total 11

Patna High Court CR. MISC. No.58889 of 2019(2) dt.18-09-2019 2/2 liters wine is recovered from possession of the petitioner. The petitioner was also found in drunken state. 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 Special Judge, Excise Act, Patna, in connection with Patliputra P.S. Case No. 278 of 2019, Special Case No. 6089 of 2019. (Sudhir Singh, J) U.K./- U T