Kameshwar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35911 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== KAMESHWAR KUMAR SINGH Son of Ram Sagar Singh Resident of Village - Pundari, P.S.- Muffasil, BSF Meru, District - Hazaribagh, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered for the offence under Section-188 of the Indian Penal Code and Section-52 of the Bihar Prohibition and Excise Act, 2016.

Allegedly, the petitioner gave permission to sell the liquor through Whatsapp.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The present case has been instituted on the basis of Whatsapp video footage which was become viral. The petitioner is said to have sent the message through Whatsapp to this effect

Patna High Court CR. MISC. No.35911 of 2021(3) dt.02-12-2021 2/2 that the permission for sale of liquor has been granted. It is submitted that it is a fake video which has been forwarded on the Whatsapp of the petitioner. The petitioner denies the authenticity of said Whatsapp. The petitioner is a police officer. There is no recovery of liquor from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Vishnupad P.S. Case No. 77 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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