Pintu Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1387 of 2018 Arising Out of PS.Case No. -1461 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Pintu Nat, Son of Late Om Prakash Nat, Resident of Village- Bishrampur Nat Tola, P.S.- Sasaram (M), District- Rohtas. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 30(a), 35 and 38 of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 8.71 litres of liquor 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 come on the basis of secret information, as per F.I.R. The source and genuineness of secret information has not been disclosed by the prosecution. Except for this, there is no

Patna High Court Cr.Misc. No.1387 of 2018 (2) dt.10-01-2018 2/2 other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 8.71 litres of liquor is said to have been recovered by the side of a Canal in an abandoned stage. 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 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Sasaram (Muffasil) P.S. Case No.1461/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T