Patna High CourtCR. MISC./42161/2018bail granted

Sanjay Kumar v. The State Of Bihar

2018-07-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42161 of 2018 ====================================================== Sanjay Kumar S/o Ramjivan Sah, R/o Vill.- Vishauri, P.S.- Birpur, DistrictBegusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar For the Opposite Party : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 881.40 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 he is said to be owner of the car. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 881.40 liters wine is recovered from a car which belongs to the

Patna High Court Cr.Misc. No.42161 of 2018 (2) dt.17-07-2018 petitioner. The said car is run as a taxi by driver of the petitioner. 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.

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 2nd Additional Sessions Judgecum-Special Judge, Excise, Begusarai in connection with Begusarai (Muffasil) P.S. Case No. 531 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T