Amresh Kumar @ Langra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2564 of 2018 Arising Out of PS. Case No.-1461 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ======================================================

1. Amresh Kumar @ Langra S/o Late Nanda Nut

2. Akhilesh Nut S/o late Nanda Nut, both R/o Bishrampur Nut Tola, P.S. Sasaram (Muffasil), Distt. Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chakravarti Singh For the Opposite Party/s :

Mr. RAJEEV NAYAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 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), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 8.715 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 tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by the local residents as per F.I.R. The name of local residents, who have named the petitioner, have not been disclosed by the prosecution. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.2564 of 2018(2) dt.18-01-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 8.715 liters wine is recovered from the side of canal in abandoned stage. 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 2nd Additional Sessions Judgecum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram P.S. case No.1461 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T