Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38674 of 2020 Arising Out of PS. Case No.-506 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== DEEPAK KUMAR S/O SHRI SURAJ SAHANI RESIDENT OF VILLAGEPAHETIYA, P.S.-SADAR, DISTRICT-VAISHALI. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 488.5 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 name of the petitioner has transpired on the basis of disclosure made by local Chowkidar. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court CR. MISC. No.38674 of 2020(2) dt.16-04-2021 2/2 of the petitioner in this case. It is alleged that 488.5 liters wine is recovered the joint house of the petitioner where other family members also reside. 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./complaint case. 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 eight 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 A.D.J.-II-cumSpecial Judge, Excise, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 506 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T