Guddu Singh @ Ajay Kumar Singh @ Ajay Kumar @ Ajay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18589 of 2018 Arising Out of PS.Case No. -577 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Guddu Singh @ Ajay Kumar Singh @ Ajay Kumar @ Ajay Singh, Son of Late Paras Nath Singh @ Paras Singh, Resident of Village - Paithan Patti, P.O. - Pathara, Police Station - Manjha, District - Gopalganj, working as Manager, Maa Singhashini Petrol Pump, Gopalganj. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vipin Kumar Singh, Advocate. For the Opposite Party : Mr. Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 465 ML wine is said to have been recovered.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 465 ML wine is recovered from the Petrol Pump in question. The
Patna High Court Cr.Misc. No.18589 of 2018 (2) dt.30-03-2018 2/2 name of the petitioner has come on the basis of alleged recovery made from the Petrol Pump where the petitioner is a Manager. 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 Additional District and Sessions Judge-2nd-cum-Special Judge, Gopalganj, in connection with Gopalganj Town P.S. Case No. 577 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T