Tanveer Alam Ansari @ Tanveer Ahmad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38218 of 2018 Arising Out of PS. Case No.-587 Year-2017 Thana- KISHANGANJ District- Kishanganj ====================================================== Tanveer Alam Ansari @ Tanveer Ahmad Ansari, Son of Shamim Anwar Ansari, Resident of Village- Chaitan Tola, Khagra, P.S.- Kishanganj, DistrictKishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 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 103.950 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 petitioner is not named in the F.I.R. The name of the petitioner has come in course of investigation. The petitioner is alleged to be the owner of the vehicle. The said vehicle is run as taxi by the driver of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that

Patna High Court Cr.Misc. No.38218 of 2018(3) dt.13-07-2018 2/2 103.950 liters wine is recovered from the vehicle. 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 not 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 Additional District & Sessions Judge II-cumSpl. Judge (Excise), Kishanganj in connection with Kishanganj P.S. case No.587 of 2017 (Spl. Case No.467 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T