Vijay Kumar Singh @ Vijay Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61271 of 2017 Arising Out of PS. Case No.-73 Year-2017 Thana- DURGAWATI District- Bhabhua (Kaimur) ====================================================== Vijay Kumar Singh @ Vijay Kumar Patel son of Late Mahesh Pd. Singh, resident of Mohalla Satpura, Durgasthan, P.O. Ramana Road, P.S. Kajimohammadpur, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey For the Opposite Party/s :

Mr. SANJAY KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 419, 420, 467, 468, 471, 476, 488, 120B of the I.P.C. and Sections 30(a), 32(1)(2), 38(1), 41(1), 47 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 3024 liters wine 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 come on the basis of confessional statement of co-accused Gaurav Singh, Ajay Singh Akela and

Patna High Court Cr.Misc. No.61271 of 2017(2) dt.15-12-2017 2/2 Balram Singh made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3024 liters wine is recovered from vehicle 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 Cr.P.C. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

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 Special Judge-cum-Addl. District Judge VI, Kaimur at Bhabua in connection with Durgawati Muffasil P.S. case No.73 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T