Laltu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40641 of 2018 Arising Out of PS.Case No. -209 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ====================================================== Laltu Kumar, S/o Baleshwar Prasad Yadav, R/o Vill.- Tulsibari Rajpur Mallya, Ward No. 07, P.S. and District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Singh, Advocate. For the Opposite Party : Mr. Narsingh Tanti, APP 111 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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

The prosecution story, in brief, is that total 156 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 156 liters wine is recovered from the vehicle in question. The vehicle in question does not belong to the petitioner. The name of the petitioner has transpired in the present

Patna High Court Cr.Misc. No.40641 of 2018 (2) dt.13-07-2018 2/2 case as the Mobile Sim Card is said to have been recovered from the vehicle in question. The Sim Card of Mobile recovered from the vehicle is in the name of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 or 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 the learned Additional District Judge-II -Cum-Special Judge, Excise Act, Saharsa, in connection with Special Case No.-195 of 2018, arising out of Sour Bazar P.S. Case No. 209 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./AbhijeetU T