Dilip Prasad Khatik @ Dilip Prasad @ Dalip Kumar @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18014 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -AMNAUR District- SARAN ======================================================

1. DILIP PRASAD KHATIK @ DILIP PRASAD @ DALIP KUMAR @ DILIP KUMAR S/o Late Jawahar Prasad Khatik, R/o Mohalla- Amnour Har Narayan , P.S.- Amnour, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-188, 272 & 273 of the Indian Penal Code and Sections-30(a), 38 & 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 16.32 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 the half constructed house of the petitioner. The

Patna High Court Cr.Misc. No.18014 of 2018 (2) dt.29-03-2018 said house in question is an abandoned state and none resides in the said house. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 16.32 liters wine is recovered from the half constructed house of the petitioner in abandoned state. 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 l Sessions Judge-VIth, Saran at Chapra in connection with Amnour P.S. Case No. 9 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