Gopal Kumar @ Bharat Singh@Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15100 of 2020 Arising Out of PS. Case No.-688 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== GOPAL KUMAR @ BHARAT SINGH @ Bharat Kumar S/O Amarnath Prasad R/o New Bigrahpur, PS- Jakanpur, Distt. - Patna, presently Ghana Colony Meena Bhawan, PS - Ramkrishna nagar, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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 1.44 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.15100 of 2020(2) dt.11-06-2020 2/3 allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the recovery is made from the house where he lives as tenant. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1.44 liters wine is recovered from the house of Sidheshwar Singh where petitioner is a tenant. 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 facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 8534/2019 arising out of Ram Krishna Nagar P.S. Case No. 688/19 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.15100 of 2020(2) dt.11-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T