Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10151 of 2023 Arising Out of PS. Case No.-1523 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== SHASHI BHUSHAN KUMAR, Gender-Male, aged about 30 years, Son of Suresh Singh, R/v- Madhopur, P.O.- Rukunpur, P.S.- Didarganj, DistrictPatna, Bihar 803201 ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Viveka Nand, Advocate For the Opposite Party :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Madhya Nishedh/Excise Case No. 1523 of 2021 for the offence registered under Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 556.02 liters wine is said to have been recovered from the Pick-up Van in question.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.10151 of 2023(2) dt.21-04-2023 2/3 He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 562.02 liters wine is recovered from the Pick-up Van in question. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of seized vehicle. The petitioner is alleged to be the owner of the said vehicle. It is further submitted that the said vehicle has already been sold by the petitioner to one Sudama Kumar prior to the alleged occurrence, vide Annexure-2 to the present bail application. 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. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

Patna High Court CR. MISC. No.10151 of 2023(2) dt.21-04-2023 3/3 On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise, Aurangabad, in connection with Madhya Nishedh/Excise Case No. 1523 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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