Rajnish Kumar @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28295 of 2018 Arising Out of PS.Case No. -349 Year- 2017 Thana -PATLIPUTRA District- PATNA ====================================================== Rajnish Kumar @ Vicky Kumar, aged about 25 years Son of Sri Basuki Nath Singh Resident of Village- Piyaria,P.S. Gauri Chak, District Patna and at Present Gosai Tola Tenant of Pradip Shah, P.S. Patliputra District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anirudh Pandey, Advocate. For the State : Dr. Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2018 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 279, 427, 307 of I.P.C, 30(a), 38(1)(2) and 41(1)(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 20.250 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total

Patna High Court Cr.Misc. No.28295 of 2018 (2) dt.08-05-2018 2/2 20.250 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. The name of the petitioner has come on the basis of co-accused Sumit Raj @ Golu. 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 Court of Special Judge, Excise, Patna, in connection with Patliputra P.S. Case No. 349 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