Abhimanyu Kumar @ Abhimanyu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16428 of 2018 Arising Out of PS. Case No.-283 Year-2017 Thana- MANJHI District- Saran ====================================================== Abhimanyu Kumar @ Abhimanyu Singh, son of Arjun Singh, resident of Village- Belkunda, P.S. Jalalpur, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Udai Shankar Singh For the Opposite Party/s :

Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2018 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, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2521 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.01.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2521 liters wine is recovered from the truck in question. The petitioner was not apprehended on the spot. The name of the petitioner has transpired on the basis of

Patna High Court Cr.Misc. No.16428 of 2018(2) dt.02-04-2018 2/2 disclosure made by co-accused namely Kulwant Singh. 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. 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.VIth Saran at Chapra in connection with Manjhi P.S. Case No. 283/2017.

(Sudhir Singh, J) Pankaj/- U T