Mustkim @ Mustim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26552 of 2020 Arising Out of PS. Case No.-173 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== MUSTKIM @ MUSTIM Son of Shareef R/O Gali no.-9 Old Bishan nager, Deh, District - Patiyala (Panjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-30(a), 32(2)/41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, in short, is that 2160 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

Patna High Court CR. MISC. No.26552 of 2020(2) dt.04-11-2020 2/2 tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case as the petitioner is alleged to be owner of the truck, in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2160 liters wine is recovered from the truck, in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the nature of goods booked by transporter. 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 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 A.D.J.-II-cum-Special Judge, Gopalganj in connection with Kochaikote P.S. Case No. 173 of 2019, 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