Patna High CourtCR. MISC./69423/2019bail granted

Amlesh Kumar v. The State Of Bihar

2019-11-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69423 of 2019 Arising Out of PS. Case No.-275 Year-2019 Thana- ALOULI District- Khagaria ====================================================== AMLESH KUMAR, aged about 20 years, Male, Son or Ramlakhan Yadav @ Lakhan Yadav, Resident of Village - Ladaura, P.S.- Alauli, Distirct- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bhim Kumar Yadav, Advocate.

For the Opposite Party :

Mr.Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 551.88 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 13.08.2019. 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 present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total

Patna High Court CR. MISC. No.69423 of 2019(2) dt.13-11-2019 2/2 551.88 liters wine is recovered from the Pick-up Van in question. 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), Khagaria, in connection with Alauli P.S. Case No. 275 of 2019.

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