Monirul Hossain @ Monirul Hossen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29690 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Monirul Hossain @ Monirul Hossen S/o Tashiruddin, R/o Vill.- Khal Para, Dhupgari, P.S.- Dhupgari, District- Jalpaiguri (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 561.9 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 van in question belongs to the petitioner. The said van is run as public carrier by the driver of the petitioner. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court Cr.Misc. No.29690 of 2018(2) dt.14-05-2018 2/2 of the petitioner in this case. It is alleged that 561.9 liters wine is recovered from the van in question. 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, 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, Araria in connection with Jokihat P.S. Case No. 19/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T