Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63664 of 2017 Arising Out of PS. Case No.-642 Year-2017 Thana- BIHARSHARIF District- Nalanda ====================================================== Upendra Kumar S/o Rajo Mahto, R/o Village- Mahalpar, P.S.- Bihari (Biharsharif), District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Ajeet Kumar For the Opposite Party/s :

Mr. INOD SHANKAR MODI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case, in short, is that 820 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by the local residents as per F.I.R. The name of the local residents, who have named the petitioner, have not been examined by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.63664 of 2017(2) dt.09-01-2018 2/2 petitioner in this case. It is alleged that 820 liters wine is recovered from an open boundary wall of one Bhushan Kumar. 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 A.D.J. VI-cum-Special Judge (Excise), Nalanda, Biharsharif in connection with Bihar (Biharsharif) P.S. case No.642 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