Sanjit Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.959 of 2018 Arising Out of PS.Case No. -346 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Sanjit Ram, Son of Late Ramdeo Ram, Resident of Village- Pachna Road, Sansar Paukhar, Ward No.17, Police Station- Kabaiya, District- Lakhisarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rabi Bhushan, Advocate. For the Opposite Party : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 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 272, 273 of the IPC, 30(a), 32(c) and 38(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that 47.880 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. The petitioner has falsely been implicated in the present case. It is alleged that 47.880 liters wine is recovered. The alleged recovery has been made from joint

Patna High Court Cr.Misc. No.959 of 2018 (2) dt.10-01-2018 2/2 house of the petitioner where other family members also reside. 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.

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 2nd Additional District and Sessions Judge-cum-Special Judge (Excise), Lakhisarai, in connection with Lakhisarai Kabaiya P.S. Case No. 346 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