Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36148 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Niraj Kumar Son of Shambhoo Yadav Resident of Village-Baraliya Block, P.S.-Tankuppa, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode..

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 30(a)(d)/32(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 500 kgs mahua flower and 15 liters mahua liquor are 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 petitioner is not named in the F.I.R. It is alleged that 500 kgs mahua flower and 15 liters mahua liquor are recovered from the car in question. The mahua flower was taken for cattle meal. The mahua flower, unless

Patna High Court CR. MISC. No.36148 of 2020(2) dt.26-03-2021 2/2 and until subject to fermentation, does not come under the meaning of intoxicant. Hence the recovery of mahua flower does not come under the purview of Excise Act. 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, 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 Special Judge, Excise, Gaya in connection with Fatehpur P.S. case No.95 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T