Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62193 of 2017 Arising Out of PS.Case No. -315 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Rajendra Prasad S/o Jangbahadur Prasad, R/o Village- Motibigha, Gonawan, P.S.- Nawada, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that 536 litres of liquor is said to have been recovered from the abandoned car in question.

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 petitioner is alleged to be the owner of the alleged vehicle hence he has been made accused in the present case. It has further been submitted on behalf of the petitioner that the car in question has already been sold to one Gulshan Kumar, two months prior to the

Patna High Court Cr.Misc. No.62193 of 2017 (2) dt.08-01-2018 2/2 alleged occurrence, as per Annexure-2 to the present application. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 536 litres of liquor is recovered from a abandoned car in question. 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 Nawada Town P.S. Case No.315/2017, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T