Rahul Jaipuriya @ Rahul Jaipuriyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39738 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Rahul Jaipuriya @ Rahul Jaipuriyar son of Abhay Shankar Prasad, resident of Village- Lower K.B. Marg, P.S. Sadar Hazaribaagh, District Hazaaribagh, Jharkhand.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 272, 273, 120(b) of the Indian Penal Code and 30(a), 32(2), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 400 litres of liquor is said to have been 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 confessional statement of co-accused made before police as per F.I.R. Except for this,

Patna High Court Cr.Misc. No.39738 of 2017 (6) dt.11-12-2017 2/2 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 400 litres of liquor is recovered from the possession of co-accused. The petitioner being the owner of the vehicle, he has been made accused in the present case. 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 Barachatti P.S. Case No. 10/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T