Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41225 of 2021 Arising Out of PS. Case No.-95 Year-2017 Thana- CHANAN District- Lakhisarai ====================================================== PREM KUMAR S/O SHIV SHANKAR SAH R/O VILLAGE-SINGHPUR, P.S. AND P.O.-HAVELI KHARAGPUR, DISTRICT-MUNGER. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Chanan P.S. Case No. 95 of 2017 registered for the offence under Sections-30(a), 32(i)/34 of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 40 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 petitioner has been falsely implicated in the present case. It is alleged that 40 liters wine is recovered from the motorcycle. The petitioner is said to be owner of the said

Patna High Court CR. MISC. No.41225 of 2021(2) dt.21-10-2021 2/2 motorcycle. It is further submitted that the said motorcycle had already been sold by the petitioner to one Sewak Paswan as back as in the year 2012. 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 of the case, 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Lakhisarai in connection with Chanan P.S. Case No. 95 of 2017, 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