Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.311 of 2018 Arising Out of PS. Case No.-231 Year-2017 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Rajendra Singh Son of Sumant Kumar Singh @ Chattan Singh Resident of Janta Flat No. 44, Housing Board Colony, Damodarpur Patahin, Police Station - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mazharul Hassan For the Opposite Party/s :

Mr. DAMODAR PRASAD TIWARY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a)/38/41 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 1510.560 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.10.2017 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1510.560 liters wine is recovered from the dilapidated joint house of the

Patna High Court Cr.Misc. No.311 of 2018(3) dt.16-02-2018 2/2 petitioner in abandoned state. The petitioner was not apprehended on the spot. 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 Cr.P.C. Other co-accused have been granted anticipatory bail vide Cr.Misc.No.63698 of 2017.

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, it is directed that 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 learned Special Judge, Excise, Muzaffarpur in connection with Kanti P.S. case No.231 of 2017.

(Sudhir Singh, J) Narendra/- U T