Patna High CourtCR. MISC./14794/2018bail granted

Abhinash Kumar v. The State Of Bihar

2018-03-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14794 of 2018 Arising Out of PS.Case No. -119 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Abhinash Kumar Son of Baidh Nath Prasad Resident of Village- Sona Tond, P.S. - Marafari, District- Bokaro (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Section-32(3) of Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 165 litres wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-12-2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that 956 litres wine is alleged to have been recovered from a Pick-up Van. The petitioner is owner of the Pick up Van in question. The said Pick up Van is being run by driver of the petitioner. The petitioner had no knowledge regarding the goods being

Patna High Court Cr.Misc. No.14794 of 2018 (2) dt.15-03-2018 transported by the transporting agency. There is no compliance of Section-100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not 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 4th Additional District & Sessions Judge, Bhojpur, Ara in connection with Excise Case No. 197 of 2017 arising out of Ara Nawadah P.S. Case No. 119 of 2017.

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