Kunal Rai @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46800 of 2018 Arising Out of PS.Case No. -163 Year- 2018 Thana -DARIYAPUR District- SARAN ======================================================

1. Kunal Rai @ Kunal Kumar Son of Rameshwar Rai resident of village - Ibrahimpur, P.S. - Dariyapur, District - Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 467, 468, 471 of the Indian Penal Code and Sections-30 & 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3552 litres 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 on the basis of disclosure made by one local person. The name of local person, who has named the petitioner, has not been disclosed by the prosecution. Except for

Patna High Court Cr.Misc. No.46800 of 2018 (2) dt.01-08-2018 this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3552 liters wine is recovered from the truck in question. The truck 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 6th Additional Sessions Judge,Saran at Chapra in connection with Dariyapur P.S. Case No. 163 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