Abdhesh Kumar @ Awadhesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38669 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -PATLIPUTRA District- PATNA ====================================================== Abdhesh Kumar @ Awadhesh Ray, S/o Late Rajendra Prasad, R/o Vill.- Budhara, Bakhtiyarpur, P.S.- Athmalgola, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== 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-30(a)(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 295 kg. Bhang 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 seized vehicle. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 295 kg

Patna High Court Cr.Misc. No.38669 of 2018 (2) dt.11-07-2018 Bhang is recovered from a vehicle in question. The vehicle in question belongs to the petitioner and the said vehicle is being run as a public carrier by the driver of the petitioner. 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, Patna in connection with Patliputra P.S. Case No. 83 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