Sajan Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11776 of 2018 Arising Out of PS. Case No.-131 Year-2017 Thana- GOVINDPUR District- Nawada ====================================================== Sajan Rajvanshi, s/o- Late Ram Bilash Rajbanshi, r/o- village Dih Par Govindpur, P.S.- Govindpur, District- Nawada. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. SHAILENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case, in short, is that 300 liters mahua wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.12.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 300 liters mahua wine is recovered near the Suarlate hills. The petitioner was not apprehended on the spot. The name of the

Patna High Court Cr.Misc. No.11776 of 2018(2) dt.28-02-2018 2/2 petitioner has transpired on the basis of disclosure made by the co-accused. 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.

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 Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Govindpur P.S. Case No. 131 of 2017. (Sudhir Singh, J) Pankaj/- U T