Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30281 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== RAJEEV KUMAR Son of Kari Mahto Resident of Village- Singhiya Ghat, Police Station- Bibhutipur/ Vibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. 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 I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016 and 25(1-B)a, 26, 35 of the Arms Act.

The prosecution case, in short, is that 1222.500 liters

Patna High Court CR. MISC. No.30281 of 2020(2) dt.17-12-2020 2/3 wine and one country made pistol along with two live cartridges and one empty magazine are 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. It is alleged that 1222.500 liters wine and one country made pistol along with two live cartridges and one empty magazine are recovered from the joint house of the petitioner where other family members also reside. 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 twelve 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 Additional Special Judge, Excise, Samastipur in connection with Bibhutipur/Vibhutipur P.S. case No.26 of 2020, subject to the

Patna High Court CR. MISC. No.30281 of 2020(2) dt.17-12-2020 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T