Patna High CourtCR. MISC./66250/2019bail granted

Anil Kumar v. The State Of Bihar

2019-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66250 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== ANIL KUMAR, aged about 35 years (Male), Son of Ayodhya Singh, Resident of Village Raja Rampur, Police Station- Saraiya, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Jha, Advocate.

For the Opposite Party :

Mr.Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 272, 273, 414, 120(B) of the IPC, 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 3790.08 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 06.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the

Patna High Court CR. MISC. No.66250 of 2019(2) dt.21-10-2019 2/2 present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 3790.08 liters wine is recovered from the Truck. The petitioner is a guard of the factory where the Truck in question was parked. The petitioner had no knowledge regarding the alleged occurrence. 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 Special Judge, Excise Act, Muzaffarpur, in connection with Bela P.S. Case No. 28/19.

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