Mrityunjay Sah @ Mirtunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38515 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== MRITYUNJAY SAH @ MIRTUNJAY KUMAR, S/o Lal Babu Sah, R/o Vill.- Olipur, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party : Mr. Ajay Kumar Jha, APP 243 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2018 Learned counsel for the petitioner is permitted to make necessary correction in the residential address of the petitioner, in course of day.

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 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 2446.56 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.38515 of 2018 (2) dt.11-07-2018 2/3 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 total 2446.56 liters wine is recovered from the container in abandoned state parked by the side of road. The name of the petitioner has come on the basis of secret information as per F.I.R. The source and genuineness of secret information has not been disclosed by the prosecution. 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/ Complaint Case. 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 Special Judge, Excise Act, Muzaffarpur, in connection with Excise Case No. 272/2017, P.R. 4/2017/18, subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.38515 of 2018 (2) dt.11-07-2018 3/3 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T