Govind Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77496 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- KHAJAULI District- Madhubani ====================================================== GOVIND KUMAR SAH, aged about 35 years (Male), Son of Mithilesh Prasad Sah, Resident of Village and P.S.-Ladnia, District-Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Mukund Mohan Jha, Advocate.
For the Opposite Party :
Mr. Nityanand Tiwari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 272, 273/34 of the IPC and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 171 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 30.09.2019. 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 171 liters wine is recovered from Scorpio vehicle in question. The petitioner is
Patna High Court CR. MISC. No.77496 of 2019(2) dt.28-11-2019 2/2 alleged to be the driver of the vehicle in question. He had no knowledge regarding the nature of goods being carried by passengers. 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 Additional District Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection with Khajauli P.S. Case No. 168 of 2019.
(Sudhir Singh, J) U.K./- U T