Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21616 of 2018 Arising Out of PS. Case No.-376 Year-2016 Thana- TURKAULIYA District- East Champaran ====================================================== Ravi Kumar S/o Lakshman Prasad, R/o Ward No. 5, Near Mahavir Asthan, Naya Tola Banjariya, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== 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 272, 273 of the I.P.C. and Sections 47, 51, 54 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 798.480 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 alleged pick up van belongs to the petitioner. The pick up van is run by the driver of the petitioner. The petitioner had no

Patna High Court Cr.Misc. No.21616 of 2018(2) dt.16-04-2018 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 798.480 liters wine is recovered from the pick up van. 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 Additional Sessions Judge 4th, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. case No.376 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T