Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21438 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Sanjiv Kumar, son of Nand Kumar, resident of village Simri, P.S. - Vidyapati Nagar, District - Samastipur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pankaj Kumar, Advocate. For the Opposite Party : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 272, 273 of the IPC, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 374.04 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 374.04 liters wine is recovered from

Patna High Court Cr.Misc. No.21438 of 2018 (2) dt.13-04-2018 2/2 Pick Van in question. The name of the petitioner has come on the basis of seized vehicle. The petitioner is alleged to be the owner of said Pick Van. The said Pick-up Van is run as a Public Carrier. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned 3rd Additional Sessions Judge, Samastipur, in connection with N.H. Bangara P.S. Case No. 118/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T