Navnit Singh @ Navneet Kumar @ Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49959 of 2018 Arising Out of PS.Case No. -125 Year- 2018 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Navnit Singh @ Navneet Kumar @ Pintu Singh S/o Kailash Prasad Singh (but in the present case police is trying to arrest him in the name of Pintu Kumar S/o Manju Devi, Jila Parshad of Baghi), R/o Vill.- Baghi, P.S.- Baghi, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Sections-47, 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 648 liters wine is recovered.

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 transpired on the basis of disclosure made by the co-accused Arvind Kumar. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.49959 of 2018 (2) dt.16-08-2018 implication of the petitioner in this case. It is alleged that 648 liters wine is recovered from the Pick up Van in question. The Pick up Van in question does not belong to 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 Sessions Judge-VI-cum-Special Judge, Excise Act, Samastipur in connection with Ujiyarpur P.S. Case No. 125 of 2018, 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