Patna High CourtCR. MISC./58245/2017bail granted

Sammi Nut @ Shammi Nut v. The State Of Bihar

2017-12-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58245 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Sammi Nut @ Shammi Nut, Son of Nate Nut, Resident of VillageManaura, P.S.- Dehri, District- Rohtas. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 30(i), 38(i), 41(i)(ii) of Bihar Excise Act.

The prosecution story, in brief, is that 34 litres of liquor is said to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by coaccused before police, as per the F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.58245 of 2017 (2) dt.12-12-2017 2/2 petitioner in this case. It is alleged that 34 litres of liquor is recovered from the house in question. 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 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of eight weeks from today in connection with Dehri (Town) P.S. Case No.58/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Court, Excise, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T