Patna High CourtCR. MISC./11868/2018bail granted

Anil Kumar Chaudhary v. The State Of Bihar

2018-02-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11868 of 2018 Arising Out of PS.Case No. -641 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Anil Kumar Chaudhary, S/o Dashrath Chaudhary, Resident of VillageTelhatta, P.S. Siwan Town, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Kumar Shrivastava, Advocate. For the Opposite Party : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 13.12.2017 in a case for the offence registered under Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 43.2 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 43.2 liters

Patna High Court Cr.Misc. No.11868 of 2018 (2) dt.28-02-2018 2/2 wine is recovered from the motorcycle and behind the public toilet. The petitioner was not apprehended on the spot. His name has come during the course of investigation. 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 Additional District & Sessions Judge-cum-Special Judge, Siwan, in connection with Siwan Town P.S. Case No. 641 of 2017.

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