Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14628 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- BARUN District- Aurangabad ====================================================== Manish Kumar Son Of Late Dwarika Chandravanshi @ Dwarika Ram Resident Of Village- Simra Kala, P.S.- Barun, District- Aurangabad (BIHAR) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs.Leelawati Kumari, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 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(a), 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 27 liters wine and 600 kg mahua are recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as being owner of the car in question. Except for this, there is no other

Patna High Court CR. MISC. No.14628 of 2022(2) dt.01-04-2022 2/2 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 27 liters wine and 600 kg mahua are recovered from the car in question. The said car is run as public carrier. The petitioner had no knowledge regarding the nature of goods kept in the car. 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./complaint case. 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 Special Judge, Excise-I, Aurangabad in connection with Barun P.S. Case No. 111/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T