Patna High CourtCR. MISC./10330/2018bail granted

Bhuttu Sahni v. The State Of Bihar

2018-02-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10330 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Bhuttu Sahni, S/o Baunu Sahni, R/o Village- Bakhri Salauna Railway Chowk Gorhari, P.S.- Bakhri, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Opposite Party : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 19.12.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 12.750 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 this 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 12.750 liters wine is

Patna High Court Cr.Misc. No.10330 of 2018 (2) dt.22-02-2018 2/2 recovered from the bag of the petitioner. The name of the petitioner has come on the basis of alleged recovery made from his bag. 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 Sessions Judge-III-cum-Special Judge, Excise, Khagaria, in connection with Mahesh Khut P.S. Case No. 185 of 2017.

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