Brijmohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62972 of 2017 Arising Out of PS.Case No. -110 Year- 2017 Thana -KUTUMBA District- AURANGABAD ====================================================== Brijmohan Prasad, Son of Late Ramlakhan Prasad, Resident of VillageChatatar Bazar Kenduya, Police Station- Kendua, District- Dhanbad (Jharkhand).

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Rajesh Roy, Advocate. For the Opposite Party : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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

The prosecution story, in brief, is that 6300 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 6300 liters wine is recovered from Dumper

Patna High Court Cr.Misc. No.62972 of 2017 (2) dt.09-01-2018 2/3 Truck. The Truck in question does not belong to the petitioner nor he has got concern with the alleged incident. The name of the petitioner has come on the basis of confessional statement of coaccused 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. 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. Other co-accused has been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 50244 of 2017 dated 18.10.2017.

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 or 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 the learned Additional Sessions JudgeVII-cum-Special Judge (Excise), Aurangabad, in connection with Kutumba P.S. Case No. 110 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court Cr.Misc. No.62972 of 2017 (2) dt.09-01-2018 3/3 Procedure.

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