Dhananjay Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13570 of 2018 Arising Out of PS. Case No.-55 Year-2017 Thana- MALI District- Aurangabad ====================================================== Dhananjay Kumar Mehta, Son of Ram Swaroop Mahto @ Ram Swaroop Mehta, Resident of village - Barewa, Police Station- Haidarnagar, DistrictPalamau (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kamlendra Pd. Singh For the Opposite Party/s :

Mr. UMANATH MISHRA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 260 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 petitioner is not named in the F.I.R. The name of the petitioner has transpired as being the owner of the car. The car in question was run as taxi by the driver of the petitioner. Except for this,

Patna High Court Cr.Misc. No.13570 of 2018(2) dt.13-03-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 260 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 not 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 VII-cum-Special Judge (Excise), Aurangabad in connection with Mali P.S. case No.55 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