Abhimanyu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41906 of 2021 Arising Out of PS. Case No.-627 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== ABHIMANYU SINGH S/o- Nand Kumar Singh R/o Village - Balua Tola Sohraiya, P.S. - Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and the State through virtual mode.

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 Majhaulia P.S. Case No. 627 of 2020 registered for the offence under Sections30(a), 32 & 41(1) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 611 liters wine is recovered.

It has been submitted on behalf of the petitioner that 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 611 liters wine is recovered from the field of co-accused. The name of the petitioner has transpired in this case on

Patna High Court CR. MISC. No.41906 of 2021(2) dt.29-10-2021 2/2 the basis of disclosure made by local residents. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. 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 Shri Pawan Kumar Pandey, learned Special Judge, Excise Act, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 627 of 2020, 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