Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41719 of 2018 Arising Out of PS. Case No.-100 Year-2017 Thana- PATEPUR District- Vaishali ====================================================== Pankaj Kumar son of Kashi Kapar resident of Mumapur, P.S. - Muffasil, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 414, 120B, 34 of the Indian Penal Code and Sections 30A, 32(ii), 33(ii), 41(i) and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 35.28 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 transpired as being the owner of the car in question. The said car is run as taxi by the driver of the petitioner. Except for this, there is no other

Patna High Court Cr.Misc. No.41719 of 2018(2) dt.16-07-2018 2/2 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 35.28 liters wine is recovered from the 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 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. 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 A.D.J.-II-cumSpecial Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 100/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T