Rajeev Kumar @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8742 of 2018 Arising Out of PS. Case No.-237 Year-2017 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rajeev Kumar @ Raju Kumar, son of Late Dineshwer Singh, resident of Village- Dhamani, P.S.- Haspura, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Leelawati Kumari For the Opposite Party/s :

Mr. HUMAYOU AHMAD KHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2018 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)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1318 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 as the alleged recovery is said to have been made from brick kiln of the petitioner. The said brick kiln has been closed for last couple of years and same is in abandoned state. It is alleged that 1318 liters wine is

Patna High Court Cr.Misc. No.8742 of 2018(2) dt.21-02-2018 2/2 recovered from brick kiln 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 Additional Sessions Judge VII-cum-Special (Excise), Aurangabad in connection with Daudnagar P.S. case No.237 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T