Randhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11212 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- MASRAKH District- Saran ====================================================== Randhir Singh, S/o Sri Bikrama Singh, resident of Village- Pursouli, P.S.- Isuapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Rashmi For the Opposite Party/s :

SMT. ASHA DEVI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 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 272, 273 of the Indian Penal Code and Sections 30(a), 30(c), 45 and 47 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 1131.840 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.01.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1131.840 liters wine is recovered from the truck in question. Petitioner has not been apprehended on the spot. The name of

Patna High Court Cr.Misc. No.11212 of 2018(2) dt.27-02-2018 2/2 the petitioner has transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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. Other co-accused has been granted anticipatory bail vide order dated 09.02.2018 passed in Cr. Misc. No. 7360 of 2018.

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 A.D.J.-6th-cum- Special Judge, Excise Act, Saran in connection with Mashrakh P.S. Case No. 2 of 2018.

(Sudhir Singh, J) Pankaj/- U T