Vikash Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39299 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Vikash Kumar Saw S/O Sitaram Saw R/O 2a, Banarjee Para Bye Lane, P.S.- KOLKATA, District-Kolkata ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with G.O. P.S. case No.17 of 2021 registered under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 2.250 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.39299 of 2021(2) dt.21-10-2021 2/2 petitioner. The petitioner has falsely been implicated in this case. It is alleged that 2.250 liters wine is recovered from the car. The petitioner is alleged to be the owner of the car in question. The petitioner had no knowledge regarding the nature of goods kept in the car. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Nawada in connection with G.O. case No.17 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T