Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58716 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================
1. Amit Kumar Son of Late Raju Kumar Soni Resident of village- Ayar Kotha, Police Station-Darihat, District- Rohtas .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nivedita Nirvikar For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that 560 liters of liquor is said to have been recovered from the Bolero vehicle. 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 come in course of investigation being an owner of the seized swift car. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in
Patna High Court Cr.Misc. No.58716 of 2017 (2) dt.12-12-2017 2/2 this case. It is alleged that 560 liters of liquor is recovered from a Bolero vehicle, which does not belong to the petitioner. 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 of the Cr.P.C.
On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Muffasil P.S. Case No.193/2016, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T