Amrendra Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18280 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -RISHIUP District- AURANGABAD ======================================================

1. Amrendra Kumar Tiwari Son of late Jagdish Tiwari Resident of VillagePawai, Police Station- Aurangabad Muffasil, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the State : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 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(a) & 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 2.2 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 in this case as the motorcycle from which, recovery is made belongs to the petitioner. The motorcycle in question was given to the co-villager for his personal use.

Patna High Court Cr.Misc. No.18280 of 2018 (2) dt.30-03-2018 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2.2 liters wine is recovered from a motorcycle 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 7th Additional Sessions Judgecum-Special Judge, Excise, Aurangabad in connection with Risiup P.S. Case No. 07 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T