Mantu Kumar @ Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3414 of 2018 Arising Out of PS. Case No.-143 Year-2017 Thana- DERNI District- Saran ====================================================== Mantu Kumar @ Mantu Rai, Son of Mulki Rai, Resident of Village- Pojhi, Police Station- Derni, Saran (Chapra).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. SANJAY KUMAR SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2018 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 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 96 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 secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. It is alleged that 96 liters wine is recovered from the bamboo

Patna High Court Cr.Misc. No.3414 of 2018(3) dt.21-02-2018 2/2 orchard in question. The bamboo orchard in question does not belong to the petitioner. 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 Additional Sessions Judge-6th, Chapra, District- Saran in connection with Derni P.S. Case No. 143 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T