Bhaddo @ Bhaddo Hembram @ Talko Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10328 of 2018 Arising Out of PS.Case No. -728 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Bhaddo @ Bhaddo Hembram @ Talko Hembram S/o Late Lakhi Hembram, R/o Village- Ratanpur, Deori, P.S.- Kahalgoan (Shivnarayan Pur), Distt.- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party : Mr. Anil Kumar, 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 18.01.2018 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 16 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

Patna High Court Cr.Misc. No.10328 of 2018 (2) dt.22-02-2018 2/2 the present case. It is alleged that total 16 liters wine is recovered from the hut of the petitioner. The name of the petitioner has come on the basis of alleged recovery made from hut of the petitioner. 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 Spl. Court, Excise, Bhagalpur, in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 728 of 2017.

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