Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13700 of 2022 Arising Out of PS. Case No.-679 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== GAURAV KUMAR, aged about 32 years, Male, Son of Umesh Prasad Yadav, Resident of Village - Bayadih, P.S. - Saraiya, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate For the Opposite Party :

Mr. Mukeshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Saraiya P.S. Case No. 679 of 2021 for the offence registered under Sections 30(a), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 3458.880 liters wine is recovered from the Truck in question. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no

Patna High Court CR. MISC. No.13700 of 2022(2) dt.01-04-2022 2/3 allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 3458.880 liters wine is recovered from the Truck in question. The petitioner is not the owner of the Truck in question. The name of the petitioner has transpired in the present case on the basis of secret information. The source and genuineness of secret information has not been disclosed by the prosecution. 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.

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 of the case, let 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 the learned Special Judge (Excise), Muzaffarpur, in connection with Saraiya P.S. Case No. 679 of 2021, subject to the

Patna High Court CR. MISC. No.13700 of 2022(2) dt.01-04-2022 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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