Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12784 of 2023 Arising Out of PS. Case No.-127 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== Shankar Prasad Son of Bhumal Lal Singh Resident of- Solan, Khali, P.S.- Solan, District- Solan, State- Himachal Pradesh. Presently residing at villageDhimtola, Ward No.-2, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272/273 of the Indian Penal Code and Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1.300 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 1.300 liters wine is recovered from the vehicle. The name of the petitioner has transpired in this case being the owner of the vehicle in question. Except for this, there is no other substantive evidence to suggest the

Patna High Court CR. MISC. No.12784 of 2023(2) dt.15-05-2023 2/2 implication of the petitioner in this case. Said vehicle in question is run as public carrier. The petitioner had no knowledge regarding the nature of goods kept in the vehicle. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below/concerned Court in connection with Utpad P.S. case No.127/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T