Rinkesh Kumar @ Rikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2393 of 2018 Arising Out of PS.Case No. -133 Year- 2017 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Rinkesh Kumar @ Rikesh Kumar, S/o Bhola Singh, resident of VillageManjhaul, Khutan Tola, P.S.- Cheria Bariyarpur (Manjhaul), DistrictBegusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Singh, Advocate. For the Opposite Party : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 677.160 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 677.160 liters wine is recovered from

Patna High Court Cr.Misc. No.2393 of 2018 (2) dt.12-01-2018 2/2 different vehicles in question. The name of the petitioner has transpired in the present case on the basis of disclosure made by the co-accused. 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 or 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 the learned Additional Sessions JudgeVII-cum-Special Judge, Begusarai, in connection with Cheriya Bariarpur (Manjhaul O.P.) P.S. Case No. 133 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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