Patna High CourtCR. MISC./20686/2019bail granted

Virendra Rai @ Virendra Singh v. The State Of Bihar

2019-04-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20686 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- MANER District- Patna ====================================================== Virendra Rai @ Virendra Singh S/o Rudal Rai R/Village- Lodipur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2019 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 Excise Act. The prosecution case, in short, is that 19 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 Rajkishore Yadav and Tribhuban Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that total 19 liters wine, i. e. 10 litres from Rajkishore Yadav and 9 litres from Tribhuban Rai is recovered.

Patna High Court CR. MISC. No.20686 of 2019(2) dt.04-04-2019 2/2 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 Special Judge, Excise, Patna in connection with Special Case No. 6822 of 2018 arising out of Maner P.S. Case No. 382 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