Amrendra Kumar Ray @ Amrendra Kumar Rai @ Amrendra Kumar @ Napali Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35252 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== Amrendra Kumar Ray @ Amrendra Kumar Rai @ Amrendra Kumar @ Napali Rai Son Of Shyam Sundar Rai Resident Of Village - Maricha, P.S. - Tajpur (Halai O.P.), District - Samastipur.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.
The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 615.6 liters wine is recovered.
It has been submitted on behalf of the petitioner that 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
Patna High Court CR. MISC. No.35252 of 2021(2) dt.29-09-2021 2/2 information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 615.6 liters wine is recovered from the school 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 twelve 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 Addl. District Judge-II-cum- Special Judge, Excise Act, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 204/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T