Patna High CourtCR. MISC./9552/2018bail granted

Pappu Chaudhary v. The State Of Bihar

2018-02-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9552 of 2018 Arising Out of PS. Case No.-721 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Pappu Chaudhary, s/o- Late Rohan Chaudhary, resident of village- Kowana, P.S.- Hanterganj, District- Chatra (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan For the Opposite Party/s :

Mr. BHANU PRATAP SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) and (d)of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 950 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.12.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 950 liters wine is recovered from the pick up van in question.

Patna High Court Cr.Misc. No.9552 of 2018(2) dt.17-02-2018 2/2 Petitioner is said to be co-passenger on the said pick up van. He had no knowledge regarding the nature of goods booked and loaded by the transporter on the 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, it is directed that 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 Special Judge, Excise, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 721 of 2017.

(Sudhir Singh, J) Pankaj/- U T