Shishupal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62399 of 2018 Arising Out of PS.Case No. -319 Year- 2018 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Shishupal Kumar, S/o Badri Prasad @ Bahadur Prasad @ Badri Prasad @ Badar Prasad, Resident of Village-Devisarai, P.S. Deepnagar, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 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 130 liters wine is recovered.

It has been submitted on behalf of the petitioner that 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, Santosh Kumar and Munna Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It

Patna High Court Cr.Misc. No.62399 of 2018 (2) dt.05-10-2018 is alleged that 130 liters wine is recovered from one Atul Verma. 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.

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 Judgecum-Special Judge, Excise, Nalanda at Bihar Sharif in connection with Deepnagar P.S. Case No. 319 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T