Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40358 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Rajnish Kumar, Son of Mithilesh Kumar Singh, Resident of Village Solahpur, P.S. Chandradip, District Jamui.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Rana Baljit Singh, Advocate. For the Opposite Party : Mr. Ramchandra Singh, APP 51 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 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 290 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 15 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 15 liters wine is recovered from the vehicle in question. The name of the petitioner has come on the basis of seized vehicle. The petitioner is alleged to be the owner of

Patna High Court Cr.Misc. No.40358 of 2018 (2) dt.13-07-2018 2/2 the vehicle. The said vehicle is run as public carrier by the driver of the petitioner. 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 6th Additional District and Sessions Judge-Cum-Special Judge, Excise, District-Nalanda at Biharsharif, in connection with Hernaut(Gokhulpur) P.S. Case No. 55 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./AbhijeetU T