Gopal Sharma @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1509 of 2018 Arising Out of PS.Case No. -192 Year- 2017 Thana -GHOSI District- JEHANABAD ======================================================

1. Gopal Sharma @ Gopal Kumar, Son of Vinod Sharma, Resident of Village- Korra, P.S.- Ghosi, District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 420, 467, 468, 471, 414 of Indian Penal Code and Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 1179 litres of liquor is recovered from a Pick up Van in question. 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 disclosure made by co-accused, as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It

Patna High Court Cr.Misc. No.1509 of 2018 (2) dt.10-01-2018 2/2 is alleged that 1179 litres of liquor is recovered from a pick up van in question. The said pick up van 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 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Ghosi P.S. Case No.192/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jehanabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T