Patna High CourtCR. MISC./57226/2017bail granted

Arun Kumar @ Arun Kumar Yadav @ Arun Yadav v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57226 of 2017 Arising Out of PS.Case No. -621 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. ARUN KUMAR @ ARUN KUMAR YADAV @ ARUN YADAV S/o Upendra Prasad Yadav, R/o Village- Paritola, Gauravgadh, Ward No.5, P.S. & District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that 107.68 liters of wine is said to have been recovered from an open paddy field in an abandoned stage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.10.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 107.68 liters of wine is recovered from an open paddy field in an abandoned stage. The name of the petitioner has come on the

Patna High Court Cr.Misc. No.57226 of 2017 (2) dt.14-12-2017 2/2 basis of confessional statement of co-accused. There is no other substantive evidence to suggest the implication of the petitioner in the present case. 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 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Supaul, in connection with S.T. Excise Case No. 905/2017, arising out of Supaul P.S. Case No. 621/2017. (Sudhir Singh, J) Amit/- U T