Gajendra Bhagat @ Ganjider Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33091 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== GAJENDRA BHAGAT @ GANJIDER BHAGAT, aged about 35 years, SexMale, Son of Jai Mangal Bhagat, Resident of Village- Terasiya (Terahrasia), P.S.- Ganga Bridge, District- Vaishali at Hajipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anish Chandra, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 30(a) and 38 of the Bihar Prohibition and Excise (Amendment) Act, 2016. The prosecution story, in brief, is that total 25 liters wine is said to have been recovered from the Motorcycle in question.

Patna High Court CR. MISC. No.33091 of 2020(2) dt.23-02-2021 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. It is alleged that total 25 liters wine is recovered from the Motorcycle in question. The Motorcycle in question was given by the petitioner to his co-villager for his personal use. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this 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 not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above named, in the event of arrest or 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/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge (Excise

Patna High Court CR. MISC. No.33091 of 2020(2) dt.23-02-2021 3/3 Act), Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 41/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T