Santosh Kumar @ Santosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19000 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -GADHPURA District- BEGUSARAI ====================================================== Santosh Kumar @ Santosh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section-30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 44 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 recovery is said to have been made from the boundary of the mobile tower belonging to the petitioner. The mobile tower in question belongs to the Airtel Company which is taken care by the guard engage by the Airtel Company. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 51.02 liters wine is recovered from boundary of the mobile tower. Nothing incriminating has been

Patna High Court Cr.Misc. No.19000 of 2018 (2) dt.02-04-2018 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.

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 six 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 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Begusarai in connection with Gardpura P.S. Case No. 04 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U