Sandeep @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42077 of 2018 Arising Out of PS.Case No. -339 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Sandeep @ Sandeep Kumar S/o Maru Ram, Resident of Village- Charkhi, P.S.- Charkhi (Dadri), District- Bhiwani, Haryana. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dr. Kamal Deo Sharma For the Opposite Party : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 2074 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 only because the petitioner is owner of the car in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It

Patna High Court Cr.Misc. No.42077 of 2018 (2) dt.17-07-2018 is alleged that 2074 liters wine is recovered from a container in question. The container in question does not belong to the petitioner. There is no recovery from the car in question. 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 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Buxar in connection with Brahampur P.S. Case No. 339 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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