Guddu Rai @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21700 of 2018 Arising Out of PS. Case No.-414 Year-2017 Thana- MANER District- Patna ====================================================== Guddu Rai @ Guddu Kumar S/o Shri Shivnath Rai, R/o Vill.- Dost Nagar, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(A), 37(B) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 40 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 the motorcycle in question belongs to the petitioner. The said motorcycle was given to the co-villager by the petitioner. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.21700 of 2018(2) dt.16-04-2018 2/2 implication of the petitioner in this case. It is alleged that 40 liters wine is recovered from the motorcycle. 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 Special Judge, Excise Act, Patna in connection with Special case No.5795 of 2017 arising out of Maner P.S. case No.414 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T