Patna High CourtCR. MISC./52995/2018bail granted

Guddu Kumar v. The State Of Bihar

2018-09-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52995 of 2018 Arising Out of PS.Case No. -106 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBUXAR ======================================================

1. Guddu Kumar S/o Late Kapil Prasad, R/o Vill.- Sohanipatti (Yadav Toli), P.S.- Bxuar (T) District- Buxar.

.... .... 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 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 146.52 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 as the motorcycle in question is alleged to be of the petitioner. The said motorcycle was given to the co-villager for his personal use. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.52995 of 2018 (2) dt.05-09-2018 petitioner in this case. It is alleged that 146.52 liters wine is recovered from the Maruti Car. The Maruti car in question does not belong to the petitioner. No recovery was made from motorcycle of 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 2nd Additional District & Sessions Judge-cum-Special Judge, Excise Act, Buxar in connection with Case No. 106(O) 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