Banti Kumar @ Banti Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15586 of 2020 Arising Out of PS. Case No.-369 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== BANTI KUMAR @ BANTI KUMAR SINGH S/o Sri Gopal Singh R/o village- Madhurapur, 01, Ward No. 24, Nagar Panchayat- Teghra, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. 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 (Amendment) Act, 2018.

The prosecution case is that 92 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 has falsely been implicated in this case. It is alleged that 92

Patna High Court CR. MISC. No.15586 of 2020(2) dt.07-07-2020 2/2 liters wine is recovered from the vehicle. The petitioner is alleged to be the owner of the vehicle in question. He is not named in the F.I.R. He had no knowledge regarding the nature of goods kept in the vehicle.

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 of the case and also the lockdown, 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 his personal bond to the satisfaction of Additional Sessions Judge IIcum-Special Judge, Excise, Begusarai in connection with Teghra P.S. case No.369 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T