Ramesh Kumar @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36509 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- ISLAMPUR District- Nalanda ====================================================== Ramesh Kumar @ Sunil Kumar S/o Arbind Prasad R/o Village - Rupaspur, P.S. - Khudaganj, District Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 17.750 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 come on the disclosure of co-accused Sonu Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 17.750 liters wine is recovered from the side of the river. Nothing incriminating has been

Patna High Court Cr.Misc. No.36509 of 2018(3) dt.06-07-2018 2/2 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 6th Addl. District and Sessions Judge-cum-Special Judge (Excise), Nalanda at Biharsharif in connection with Islampur P.S. case No.59 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T