Santosh Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54814 of 2021 Arising Out of PS. Case No.-239 Year-2019 Thana- AMAS District- Gaya ====================================================== Santosh Pathak Son Of Rama Shankar Pathak R/O - B.I.T. Gate Rudia Neuri, Neori Vikash Vidyalaya, Ranchi, Jharkhand ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2021 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 eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 239, 337, 304(A) of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that while the informant was on duty, he received information that a vehicle dashed a man and woman due to which they received injury and from the vehicle 234 liters wine is recovered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.54814 of 2021(2) dt.03-12-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as being owner of the vehicle in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 234 liters wine is recovered from a Scorpio car which dashed a man and a woman. The petitioner is alleged to be owner of the vehicle in question. The said vehicle is run as public carrier. The petitioner had no knowledge regarding the nature of goods kept in the vehicle. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 twelve 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 Additional Sessions Judge -II-cum- Special Judge, Excise, Gaya in connection with Amas P.S. Case No. 239/19, subject to the

Patna High Court CR. MISC. No.54814 of 2021(2) dt.03-12-2021 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T