Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20553 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== NAND KISHORE SINGH Son of Madan Prasad Singh Resident of village - May Daryapur, P.S.- Muffassil, District - Munger. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 221, 225(A)(a), 120(b), 34 of the Indian Penal Code and 30(a), 48 and 52 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 54.6 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.20553 of 2022(2) dt.29-04-2022 2/3 allegation of tampering of witnesses alleged against the petitioner. It is alleged that 54.6 liters wine is recovered from the third floor of Rail Police Station. The name of the petitioner has transpired as he was posted in the said police station. 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 nature of liquor kept in the said police station. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

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 twelve 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 Special Judge, Excise Court No. -II, Samastipur in connection with Samastipur

Patna High Court CR. MISC. No.20553 of 2022(2) dt.29-04-2022 3/3 P.S. Case No. 179 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T