Abhinanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12809 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== ABHINANJAY KUMAR Son of Kaushal Kishor Tiwari Resident VillageDigghi Kala Purvi, P.S.- Sadar Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 175.2 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the driving licence and adhar card of the petitioner was found in the car from which recovery is made.

Patna High Court CR. MISC. No.12809 of 2022(2) dt.25-03-2022 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 175.2 liters wine is recovered from the car in question. The car in question belongs to the father of the petitioner. The said car in question is run as public carrier. The petitioner had no knowledge regarding the nature of goods kept in the car in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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.

Considering the aforesaid facts and circumstances, let 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cumExcise Court, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 65/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T