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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49021 of 2018 Arising Out of PS. Case No.-143 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Pankaj Singh @ Pankaj Kumar Singh @ Pankaj Kumar, Son of Murari Singh @ Krishna Murari Singh, Resident of Village- Gangapur, P.S.- Musrigharari, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 17.280 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 Kamlesh Kumar. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.49021 of 2018(2) dt.09-08-2018 2/2 the implication of the petitioner in this case. It is alleged that 17.280 liters wine is recovered by the side of the school. 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 6th Additional Sessions Judge -cum- Special Judge, Excise Act, Samastipur in connection with Tajpur P.S. Case No. 143 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T