Niranjan Rai And Niranjan Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46760 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Niranjan Rai & Niranjan Kumar Rai Son of late Ram Sagar Rai Resident of Village- Chandchaur, (Maturapur), P.S. Ujiyarpur, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2018 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, 273/34 of the Indian Penal Code and Sections-30(a), 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 375 ml. 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 namely, Suresh Sah. Except for this, there is no other

Patna High Court Cr.Misc. No.46760 of 2018 (2) dt.01-08-2018 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 375 ml. wine is recovered from a tea stall in question. The tea stall in question does not belong to 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 6th Additional Sessions Judgecum-Special Judge, Excise Act, Samastipur in connection with Ujiarpur P.S. Case No. 202 of 2017, 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