Abhimanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47812 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Abhimanu Kumar, S/o Suresh Kumar Rai, Resident of Village-Tarasia, P.S. Ganga Bridge, District-Vaishali, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 1555 liters wine is 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 transpired as mobile of the petitioner is alleged to have been recovered from place of occurrence. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1555 liters wine is

Patna High Court Cr.Misc. No.47812 of 2018 (2) dt.06-08-2018 recovered from the truck in question. The truck in question is run by driver of the petitioner as a taxi. 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.

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 2nd Additional District & Sessions Judge-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 117 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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