Rajesh Kumar Ranjan @ Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7169 of 2018 Arising Out of PS. Case No.-191 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== Rajesh Kumar Ranjan @ Rajesh Kumar Yadav S/o Baidanath Yadav, R/o Village- Garhi (Gajpatti, Bishunpur), P.S.- Hasanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Srivastva For the Opposite Party/s :

Mr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Sections 47, 30(a), 38(i), 38(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 6.3 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 transpired as the recovery is said to have been made from a Bolero vehicle which belongs to the petitioner. The said vehicle of the petitioner is

Patna High Court Cr.Misc. No.7169 of 2018(2) dt.08-02-2018 2/2 used to run as taxi by the driver of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 6.3 liters wine is recovered from the vehicle in question. 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 Samastipur in connection with Hasanpur P.S. Case No. 191 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