Mohit Batra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17426 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -MANJHI District- SARAN ====================================================== Mohit Batra, S/o late Chunilal Batra, R/o Village- Khairidih, P.S.- Kalanour, District- Rohtak (Haryana).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.02.2018 in a case for the offence registered under Sections 420, 467, 468, 471, 120(B) of the IPC, 30,30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 1278 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

Patna High Court Cr.Misc. No.17426 of 2018 (2) dt.02-04-2018 2/2 implicated in the present case. It is alleged that total 1278 liters wine is recovered from the Truck. The petitioner is alleged to be the Khalasi of the Truck in question. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. 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 6th A.D.J./Special Judge, Excise, Saran, Chapra, in connection with Manjhi P.S. Case No. 19 of 2018.

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