Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60546 of 2019 Arising Out of PS. Case No.-878 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ASHOK KUMAR, Male, aged about 30 years, S/o Sri Hulas Ray, Resident of Village- Shivrahan Vasudev, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ratneshwar Prasad, Advocate.

For the Opposite Party :

Mr.Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 272, 273, 290, 414/34 of the IPC, 30(a), 34, 36, 38 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 156.960 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 27.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.60546 of 2019(2) dt.24-09-2019 2/2 witnesses alleged against the petitioner. It is alleged that total 86.67 liters wine is recovered from Tata Safari vehicle. The said vehicle in question does not belong to the petitioner. 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 Act, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 878 of 2019.

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