Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18225 of 2018 Arising Out of PS.Case No. -427 Year- 2017 Thana -PATLIPUTRA District- PATNA ======================================================

1. Rajnish Kumar, Son of Awadhesh Singh @ Awadhesh Sharma, Resident of Saketpuri, Bazar Samiti, P.S. Bahadurpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-419, 420, 467, 468, 471, 120(b) of the Indian Penal Code and Sections-0(a), 38(1)(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1574 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 on the basis of disclosure made by the co-accused namely, Raj Kumar Sharma. Except for this, there

Patna High Court Cr.Misc. No.18225 of 2018 (2) dt.30-03-2018 is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1574 liters wine is recovered from the truck and Pick up Van in question. None of the vehicle belongs to the petitioner. 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.

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 Special Judge, Excise, Patna in connection with Special Case No. 8961 of 2017 arising out of Patliputra P.S. Case No. 427 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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