Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33801 of 2021 Arising Out of PS. Case No.-791 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ABHISHEK KUMAR Son of Shree Surendra Prasad Choudhary Resident of Village - Naya Tola, Yadav Chowk,Hajipurm P.S. Hajipur Town, DistrictVaishali, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganga Prasad Bimal For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Hajipur Sadar P.S. Case No. 791 of 2020 registered for the offence under Sections-30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 4791.24 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.33801 of 2021(2) dt.03-09-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 4791.24 liters wine is recovered from different vehicles. None of the vehicle belongs to the petitioner. The name of the petitioner has transpired in this case on the basis of disclosure made by co-accused and local chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner 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 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 of the case, 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 his personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 791 of 2020, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.33801 of 2021(2) dt.03-09-2021 3/3 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T