Patna High CourtCR. MISC./57216/2017bail granted

Sunil Kumar @ Kallu v. The State Of Bihar

2017-12-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57216 of 2017 Arising Out of PS.Case No. -558 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Sunil Kumar @ Kallu S/o Late Bola Sao @ Poka Sao, R/o MohallaMussal Ahpur Hat Mahavir Lane, P.S.- Pirbahore, Distt.- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 30(a), 37(b) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that total 507 liters of toddy is said to have been recovered from a room. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.10.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 507 liters of toddy is recovered from a room. The said room does not belong to the petitioner. There is no documentary evidence to

Patna High Court Cr.Misc. No.57216 of 2017 (2) dt.14-12-2017 2/2 show that the room belongs to the petitioner. 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 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna, in connection with Pirbahore P.S. Case No. 558/2017 (Spl. Case No. 6787/2017).

(Sudhir Singh, J) Amit/- U T