Sajan Rai@ Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71697 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sajan Rai @ Sajan Kumar Son of Upendra Rai, Resident of Village- Rampur Jalalpur, P.S. Dalsinghsarai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 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 of the I.P.C. and Sections 30(a), 38(1), 38(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 6.750 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the abandoned hut in question belongs to the petitioner. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.71697 of 2018(2) dt.12-12-2018 2/2 implication of the petitioner in this case. It is alleged that 6.750 liters wine is recovered from the abandoned hut in question. 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 Addl. Sessions Judge 6th-cum-Special Judge, Excise, Samastipur in connection with Dalsingsarai P.S. case No.177 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T