Patna High CourtCR. MISC./68164/2019bail granted

Tyagi Ram v. The State Of Bihar

2019-11-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68164 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== TYAGI RAM Son of Chand Ram Resident of Village - Darahi, P.S.- Palampur, District - Kangra (Himachal Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 8847 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-06-2019. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 8847 liters wine is recovered from the truck, in question. The petitioner is said to be driver of the truck, in

Patna High Court CR. MISC. No.68164 of 2019(2) dt.18-11-2019 2/2 question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the nature of goods booked by the transporter. 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.

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 learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Excise Case No. 204 of 2019.

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