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Patna High CourtCR. MISC./57410/2019bail granted

Sher Singh v. The State Of Bihar

2019-09-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57410 of 2019 Arising Out of PS. Case No.-336 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Sher Singh, aged about 35 years, Gender-Male, Son of Guru Charan @ Ghur Charan Singh, Resident of Village - Purana Vishan Nagar, P.O. and P.S.- Urban State, District- Patiyala (Punjab).

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Archana Sinha @ Archana Shahi, Advocate.

For the Opposite Party :

Mr.Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 270 Kg. Mahua Flower is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 05.08.2019. The petitioner has got no criminal antecedent. 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 270 Kg. Mahua Flower is

Patna High Court CR. MISC. No.57410 of 2019(2) dt.11-09-2019 2/2 recovered from the Truck in question. The petitioner is alleged to be the driver of the Truck in question. The petitioner had no knowledge regarding the nature of goods kept in the Truck in question. 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, Gaya, in connection with Barachati P.S. Case No. 336 of 2019.

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