Navneet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19078 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Navneet Kumar, Son of Amal Kumar alias Amal Kishor Kumar, Resident of Village Malik Tola Farda, P.S. - Narayan Nagar, District - Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Suman Kumar Mishra, Advocate. For the Opposite Party : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 290, 354 of the IPC, 47(a), 53(a) 53(b) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b) a and 26 of the Arms Act.

The prosecution story, in brief, is that total 750 ML wine and one unloaded county made pistol are said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 750 ML wine and one unloaded

Patna High Court Cr.Misc. No.19078 of 2018 (2) dt.03-04-2018 2/2 country made pistol are recovered from co-accused Akash Kumar. The name of the petitioner has come on the basis of disclosure made by co-accused Akash Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 or 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 the learned Additional Sessions judgeII-cum-Special Judge (Excise), Lakhisarai, in connection with Suryagarha P.S. Case No. 185 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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