Pappu Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16840 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -SULTANGANJ District- PATNA ======================================================

1. Pappu Gope Son of Sri Raghunath Gope @ Raghunath Prasad resident of Mohalla - Mishri Tola, Tekari Road, Police Station - Sultanganj, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-03-2018 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), 34(a), 38(ii) & 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 450 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 name of the petitioner has transpired on the basis of disclosure made by the co-accused Raghuvansh Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in

Patna High Court Cr.Misc. No.16840 of 2018 (2) dt.23-03-2018 this case. It is alleged that total 450 liters wine is recovered, out of which, 90 litres wine is recovered from joint house of the petitioner in which, other family members also reside. 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 Special Judge, Excise Act, Patna in connection with Special Case No. 661 of 2018 arising out of Sultanganj P. S. Case No. 10 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