Rajesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38602 of 2018 Arising Out of PS.Case No. -65 Year- 2018 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Rajesh Gupta S/o Kamta Prasad , R/o Bahera P.S.- Karhagar DistrictRohtas at Sasaram. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey For the C.G.C. : Smt. Chhaya Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 16 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 transpired on the basis of recovery made from a field in question. The petitioner is said to be the owner of the field. The petitioner denies to be title holder of the field in question. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.38602 of 2018 (2) dt.11-07-2018 evidence to suggest the implication of the petitioner in this case. It is alleged that 16 liters wine is recovered from the field 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 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 2nd Additional Sessions Judgecum-Special Judge, Excise, Rohtas at Sasaram in connection with Karahgar P.S. Case No. 65 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T