Sanjeev Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47147 of 2018 Arising Out of PS.Case No. -273 Year- 2018 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Sanjeev Kumar Sinha S/o Shri Vishnu Dayal, Principal , Kendriya Vidyalaya Muzaffarpur Mohalla- Gannipur, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pandey Bipul Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 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)(And 3⁄4 of Dowry Prohibition Act), 32(1)(2), 37(And 3⁄4 of Dowry Prohibition Act), 38(1)(2), 41(1) and 48 of the of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 63 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 in this case as the petitioner is said to

Patna High Court Cr.Misc. No.47147 of 2018 (2) dt.02-08-2018 be Principal of the college from where recovery of wine was made. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 63 liters wine is recovered from the canteen of the school 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 Special Judge, Excise, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 273 of 2018, 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