Brij Rai @ Brija Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50206 of 2018 Arising Out of PS. Case No.-172 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== Brij Rai @ Brija Rai S/o Late Suba Rai, R/o Vill.- Sengar Tola, P.S.- Ravilaganj, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Sri Zainul Abedin ====================================================== 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, 308 of the Indian Penal Code and Sections 30(a), 37(a)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 101 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 on the basis of disclosure made by the co-accused namely Ajay Sah, Birendra Rai and Ram Narayan Sah. Except for this, there is no

Patna High Court Cr.Misc. No.50206 of 2018(2) dt.16-08-2018 2/2 other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 101 liters wine is recovered by the side of the bank of the river. 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.-VI, Saran at Chapra in connection with Revilganj P.S. Case No. 172/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T