Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60337 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- AMNAUR District- Saran ====================================================== Rakesh Rai S/o Nagendra Rai, R/o Vill.- Kharidahan, P.S.- Bheldi, DistrictSaran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 188, 272, 273, 420, 120B of the Indian Penal Code and 30(A) and 38(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 70 liters wine is recovered.

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 transpired as the car in question belongs to the petitioner. The said car is run as taxi by the driver of the petitioner. Except for this, there is no other

Patna High Court Cr.Misc. No.60337 of 2018(2) dt.01-10-2018 2/2 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 70 liters wine is recovered from the car in question. 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/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 ADJ-VI, Saran at Chapra in connection with Amnour P.S. Case No. 84 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T