Divyanshu Kumar @ Raja Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19066 of 2018 Arising Out of PS. Case No.-133 Year-2017 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Divyanshu Kumar @ Raja Kumar @ Raja, S/o Chunchu Singh, resident of village- Sahit, P.S.- Vidyapatinagar, District- Samsatipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suneil Kumar Thakur For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2018 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 of the Indian Penal Code and Sections 30(a), 35(a)(b), 38(1)(2) and 47 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 21.6 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.02.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in the

Patna High Court Cr.Misc. No.19066 of 2018(2) dt.04-04-2018 2/2 present case on the basis of disclosure made by co-accused Ram Udgar Rai. The petitioner was not apprehended on the spot. It is alleged that 21.6 liters wine is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 3rd Additional District & Sessions Judge-cum- Special Judge, Excise Act, Samastipur in connection with Vidyapatinagar P.S. Case No. 133/2017.

(Sudhir Singh, J) Pankaj/- U T