Patna High CourtCR. MISC./78567/2019bail granted

Vishal Kumar v. The State Of Bihar

2019-12-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78567 of 2019 Arising Out of PS. Case No.-470 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== VISHAL KUMAR, aged about 22 years, Sex-Male, Son of Ranjan Singh, Resident of Village-Bari Aghu, Mohan Aghu, P.s.- Muffasil, Distt.- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bipin Kumar, Advocate.

For the Opposite Party :

Mr.Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2019 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 414, 120(B)/34 of the IPC, 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 4370.190 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 07.11.2019. 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 4370.190 liters wine is recovered from the Truck and Pick-up Van standing in the Orchard of co-accused Ramswaroop Yadav. The name of the

Patna High Court CR. MISC. No.78567 of 2019(2) dt.03-12-2019 2/2 petitioner has come in the present case on the basis of disclosure made by the local residents as per the F.I.R. The name of the local residents, who have named the petitioner, has not been disclosed by the prosecution. The Orchard, Truck and Pick-up Van in question do not belong to the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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, 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 Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai, in connection with Muffasil P.S. Case No. 470 of 2019. (Sudhir Singh, J) U.K.