Single judge of Patna High Court granted bail to petitioner charged with cheating, forgery and excise offences. Court relied on lack of antecedents and absence of incriminating articles from petitioner's possession.
Petitioner released on bail furnishing bond of Rs.10,000 with two sureties of like amount to Additional Sessions Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55863 of 2019
Arising Out of PS. Case No.-92 Year-2019 Thana- MATIHANI District- Begusarai
======================================================
NIRAJ KUMAR @ GOLU KUMAR Son of Chedi Singh Resident of Village - Nayagaown, P.S.- Nayagaown, District - Begusarai
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sada Nand Roy For the Opposite Party/s : Mr.Rajendra Nath Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 05-09-2019
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 420, 414, 465, 420(B) of the Indian Penal Code and 30(a), 32(ii), 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in short, is that 5148 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2019 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 5148 liters wine is recovered from the truck and Bolero vehicle. The
Patna High Court CR. MISC. No.55863 of 2019(2) dt.05-09-2019 2/2
truck and Bolero in question do not belong to the petitioner. The name of the petitioner has transpired on the basis of disclosure made by co-accused Md. Akram who was apprehended on the spot. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner had no knowledge regarding the alleged incidence. 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 Additional Sessions Judge -2nd -cum- Special Judge, Excise, Begusarai in connection with Matihani P.S. Case No. 92/2019.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under provisions of the Indian Penal Code and the Bihar Prohibition and Excise Act, 2016.
Whether there was compliance of Section 100 Cr.P.C. in the present case.
10 provisions across 3 enactments
Niraj Kumar @ Golu Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
