Nasir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58429 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Nasir Ali, son of Haji Bholu, resident of Village- Hariyana, P.S.- Dedauli, District- Amroha, U.P.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

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

The prosecution story, in brief, is that 3564 litres of wine is said to have been recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is

Patna High Court Cr.Misc. No.58429 of 2017 (2) dt.12-12-2017 2/2 no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3564 litres of wine is recovered from a truck in question. The petitioner runs the said truck on hire. 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 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Dulhin Bazar P.S. Case No. 212/2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII-cumSpecial Judge, Excise, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T