Patna High CourtCR. MISC./41509/2018dismissed

Ampu Singh v. The State Of Bihar

2018-09-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41509 of 2018 Arising Out of PS.Case No. -307 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Ampu Singh son of Mithlesh Singh @ Mithalesh Singh, resident of VillageMani Chack, P.S.- Islampur, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 3 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 petitioner is a tenant in the house from where the alleged recovery is said to have been made. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3 liters wine is recovered

Patna High Court Cr.Misc. No.41509 of 2018 (3) dt.07-09-2018 from the house of Roshan Kumar. 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. The petitioner has got criminal antecedent. Considering the fact that the petitioner has got criminal antecedent, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Islampur P.S. Case No. 307 of 2017 is rejected.

If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered and disposed of, preferably on the same day, on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V./- U T