Kamal Rai @ Kamal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26302 of 2018 Arising Out of PS.Case No. -282 Year- 2018 Thana -SITAMARHI District- SITAMARHI ====================================================== Kamal Rai @ Kamal Ray, Son of Late Baidnath Ray, Resident of VillagePanchhor, Ward no.8, P.S. Riga, District-Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Mishra, Advocate. For the Opposite Party : Mr. N.N. Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2018 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, 273/34 of the IPC, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 477 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 477 liters wine is recovered fromBathan of Ram Janam Rai. The name of the petitioner has

Patna High Court Cr.Misc. No.26302 of 2018 (2) dt.01-05-2018 2/2 come on the basis of disclosure made by co-accused Ram Janam Rai. 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. 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/ 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 A.D.J.-II, Sitamarhi-cumSpecial Judge, Excise Act, Sitamarhi, in connection with Sitamarhi P.S. Case No. 282 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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