Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59789 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Vijay Kumar, Son of Late Subhash Yadav, Resident of VillageBhawanipur, P.S.- Gopalpur, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 47, 54, 57 of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 32 litres of liquor is said to have been recovered from the motorcycles in question. 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 come on the basis of seized motorcycle. The petitioner is said to be the owner of seized Pulsar motorcycle. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 32 litres of liquor is recovered from the motorcycles in question. The

Patna High Court Cr.Misc. No.59789 of 2017 (2) dt.13-12-2017 2/2 pulsar motorcycle was already stolen. Regarding theft of the said pulsar motorcycle, petitioner had made a complaint vide Annexure-2 to the present application, two days prior to the alleged occurrence. 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 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Gopalpur P.S. Case No.147/2016, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T