Patna High CourtCR. MISC./61236/2017bail granted

Ajayant v. The State Of Bihar

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61236 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ======================================================

1. Ajayant, Son of Ram Swaroop, R/o Rishi Nagar, Bus Stand, P.S.- Hisar, District- Hisar (Haryana).

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 30(a)/38/41 of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 520 litres of wine is recovered from Bindeshwar Rai.

It has been submitted on behalf of the petitioner that 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 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

Patna High Court Cr.Misc. No.61236 of 2017 (2) dt.18-12-2017 2/2 that 520 litres of wine is recovered from Bindeshwar Rai. 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. The other co-accused has been granted bail vide Cr. Misc. No.45996/2017 dated 17.10.2017.

On behalf of the state, it has been submitted that the petitioner is 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 Jurawanpur P.S. Case No. 04/2017, 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, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T