Patna High CourtCR. MISC./11025/2018bail granted

Kishan Kumar v. The State Of Bihar

2018-02-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11025 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -PUPRI District- SITAMARHI ====================================================== Kishan Kumar, S/o Vinod Prasad @ Vinod Sah, R/o Village- Gadha Ward No.11, Pupri, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Virendra Kumar, Advocate. For the Opposite Party : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 15.01.2018 in a case for the offence registered under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 18.315 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. 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 18.315 liters wine is recovered from a room of the house which was given to one co-accused Vikash

Patna High Court Cr.Misc. No.11025 of 2018 (2) dt.27-02-2018 2/2 Kumar on rent. The name of the petitioner has come on the basis of disclosure made by co-accused Vikash Kumar. 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 A.D.J.-II-cumSpecial Judge, Excise Act, Sitamarhi, in connection with Pupri P.S. Case No. 10 of 2018.

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