Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13676 of 2018 Arising Out of PS. Case No.-127 Year-2017 Thana- BHAGWANPUR District- Begusarai ====================================================== Pintu Kumar, Son of Vinod Ray @ Vinod Rai, Resident of Village- Gaura, 01, P.S.- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. SHYAMESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2018 Counsel for the petitioner is permitted to make necessary correction in para-3 of the petition in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30, 30(a), 37(b), 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 560 liters 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 come on the disclosure of co-accused Rahul Kumar, Subham Kumar and Shivchandra Jha. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.13676 of 2018(2) dt.13-03-2018 2/2 suggest the implication of the petitioner in this case. It is alleged that 560 liters wine is recovered from the truck in question as well as brick kiln. 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 Additional Sessions Judge 7th, Begusarai-cum-Special Judge, Bihar Prohibition and Excise Act, 2016, Begusarai in connection with Bhagwanpur P.S. case No.127 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T