Patna High CourtCR. MISC./6811/2018bail granted

Yogesh Rai @ Nanhak Rai v. The State Of Bihar

2018-02-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6811 of 2018 Arising Out of PS. Case No.-86 Year-2017 Thana- MURAR District- Buxar ====================================================== Yogesh Rai @ Nanhak Rai, Son of Late Banshidhar Rai, Resident of village Lalman Ke Dera Kathatar, P.S Rajpur, District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Usha Rai For the Opposite Party/s :

Mr. C. Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(A) and 47 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 224.86 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.12.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused as he was standing by the side of the car in question. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. It is

Patna High Court Cr.Misc. No.6811 of 2018(2) dt.12-02-2018 2/2 alleged that 224.86 liters wine is recovered from the vehicle in question. The 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.

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 A.D.J.-II-cum-Buxar in connection with Murar P.S. Case No. 86 of 2017.

(Sudhir Singh, J) Pankaj/- U T