Patna High CourtCR. MISC./1417/2018bail granted

Surendra Singh v. The State Of Bihar

2018-04-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1417 of 2018 Arising Out of PS.Case No. -312 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================

1. Surendra Singh, S/o Balbir Singh, resident of Village- Dubata, P.S.- Gannour, District- Sonipat (Haryana).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section-30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 4417 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-05-2017 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 4417 liters wine is recovered from the truck in question. The petitioner is alleged to be driver of the truck in question. The petitioner had no

Patna High Court Cr.Misc. No.1417 of 2018 (3) dt.03-04-2018 knowledge regarding the nature of goods booked by the transporter. 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, 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 2nd Additional Sessions Judge, Gopalganj in connection with Excise Case No. 312 of 2017.

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