Rahul Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14126 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================

1. Rahul Rajak, S/o Ramjanam Rajak, Resident of Village- Chawdhary Bigha, P.S.- Salaiya, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Section-272 & 273 of the IPC and Sections-30(a), 38 & 47 of Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 450 litres wine is recovered.

It has been submitted on behalf of the petitioner that petitioner is in custody since 05-01-2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that 165 litres wine is recovered from the car, in question. There is no compliance of Section-100 Cr.P.C. On behalf of the State, it is submitted that petitioner is

Patna High Court Cr.Misc. No.14126 of 2018 (2) dt.15-03-2018 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) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Barachatti P.S. Case No. 07 of 2018.

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