Navin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19794 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- GIRIYAK District- Nalanda ====================================================== Navin Singh S/o Ram Padarath Singh R/o Village - Barandi, P.S. - Katarisarai, District - Nalanda (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 37(B) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that one empty bottle of 750 ml 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 transpired as the vehicle in question belongs to the petitioner. The said vehicle is run as taxi by the driver of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that one empty bottle of 750

Patna High Court Cr.Misc. No.19794 of 2018(3) dt.24-04-2018 2/2 ml wine is recovered from the vehicle. 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 8th Addl. District and Sessions Judge-cum-Special Judge (Excise), Nalanda at Biharsharif in connection with Giriyak (Katarisarai) P.S. case No.32 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T