Narayan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6998 of 2018 Arising Out of PS. Case No.-29 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Narayan Saw S/o Late Ramji Saw @ Late Ram Prassad Saw, R/o VillageMarbari Mohalla near to Shitla Mandir , P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. ARUN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 62, 30(a), 32(1)(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1280 kg cannabis 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 there is recovery of cannabis from the tenant of the petitioner. The petitioner is said to be the landlord of the premises in question. Except for this,

Patna High Court Cr.Misc. No.6998 of 2018(2) dt.08-02-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1280 kg cannabis is recovered from the premises in question which has been let out by the petitioner to one Karelal Sao. 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 complaint case.

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 District and Sessions Judge IInd-cum-Special Judge (Excise), Lakhisarai in connection with Case No.29C2/2017 (P.R. No.26/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T