Pampam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50541 of 2016 Arising Out of PS.Case No. -548 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Pampam Kumar Son of Late Banke Singh, Resident of Village-Siswan, P.S.-Nawadah Town, District-Nawadah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Learned counsel for the petitioner is permitted to make necessary correction in the father's name of the petitioner. 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 47(a)(c)(e)(g) of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, in brief, is that on secret information the informant along with police force reached near Shishwan Bhui Toliand on seeing the police the accused persons succeeded in fleeing away. The police recovered 750 ml of foreign liquor from the bush.

Patna High Court Cr.Misc. No.50541 of 2016 (2) dt.25-11-2016 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 7.5 liters of foreign liquor belonging to the petitioner was recovered by the side of the river. There is no recovery of wine 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 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 Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. case No.548 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T