Amit Kumar @ Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10391 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ====================================================== Amit Kumar @ Mantosh Kumar, S/o Anil Kumar Yadav, R/o VillageBaijnathpur, Ward No.05, P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Singh, Advocate. For the Opposite Party : Mr. Iftekhar Mahmood, 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 13.01.2018 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 57.6 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 57.6 liters wine is recovered from the house and Garage of the petitioner. The name of the petitioner has

Patna High Court Cr.Misc. No.10391 of 2018 (2) dt.22-02-2018 2/2 come on the basis of alleged recovery made from the house and Garage of the petitioner as per F.I.R. 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), Saharsa, in connection with Special (Excise) Case No. 28 of 2018, arising out of Sour Bazar P.S. Case No. 21 of 2018. U.K./- (Sudhir Singh, J) U T