Dilip Kumar Mishra @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48062 of 2018 Arising Out of PS. Case No.-290 Year-2017 Thana- MASRAKH District- Saran ====================================================== Dilip Kumar Mishra @ Dilip Kumar, Son of Kashi Nath, Resident of Mohalla- A- 660, Sanjayh Colony, Arthla, Hanuman Mandir, Mohan Nagar, P.S.- Sahibabad, District- Gajiabad, U.P.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Sections 30, 30(A), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 6000 liters spirit 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 as being owner of the truck in question. The said truck is run as public carrier by the driver of the petitioner. The petitioner had no

Patna High Court Cr.Misc. No.48062 of 2018(2) dt.07-08-2018 2/2 knowledge regarding the goods booked by the transporter. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 6000 liters spirit is recovered from the truck in question. 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 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 Additional Sessions Judge VI, Saran at Chapra in connection with Masrakh P.S. Case No. 290/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T