Alakh Niranjan Kumar @ Niranjan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4871 of 2019 Arising Out of PS. Case No.-196 Year-2014 Thana- DIGHWARA District- Saran ====================================================== Alakh Niranjan Kumar @ Niranjan Rai son of Rajendra Rai, R/o VillageBastijalal Jaboar, P.S.-Dighwara, Distt.-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 270, 271, 272, 290 of the I.P.C. and Section 47(A) of the Excise Act.

The prosecution case, in short, is that 70 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 basis of disclosure made by the local Chaukidar as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 70 liters wine is recovered from the orchard belonging to co-

Patna High Court Cr.Misc. No.4871 of 2019(2) dt.29-01-2019 2/2 accused Shivnath Rai. 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 A.D.J. VI, Saran at Chapra in connection with Dighwara P.S. case No.196 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T