Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40531 of 2018 Arising Out of PS. Case No.-380 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== Suresh Ram, S/o Moti Ram, R/o Village- Khaira, P.S.- Darigaon, DistrictRohtas at Present S- 126/675 Akanak Dugrga Colony, Sector 12, R K Puram New Delhi- 110022.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashutosh Tripathy For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 14.250 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this,

Patna High Court Cr.Misc. No.40531 of 2018(3) dt.24-07-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 14.250 liters wine is recovered from the joint house of the petitioner. 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 Addl. District & Sessions Judge II-cum-Special Court (Judge), Excise, Rohtas at Sasaram in connection with Sasaram (T) (Darigaon) P.S. case No.380 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T