Prince Kumar @ Prinsh Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48181 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- PALIGANJ District- Patna ====================================================== Prince Kumar @ Prinsh Kr., S/o Sri Shivadhar Singh Resident of VillageBarichak, P.S.-Dulhin Bazar, in town and District pf Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Sharma For the Opposite Party/s :

Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(ka) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b)a, 26 and 35 of the Arms Act.. The prosecution case, in short, is that 3 liters wine and one country made pistol and two live cartridges are 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 Lavkush Sharma. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3 liters wine is recovered from the car in question and one country made pistol and two live cartridges are

Patna High Court Cr.Misc. No.48181 of 2018(2) dt.07-08-2018 2/2 recovered from co-accused Lavkush Sharma. The car 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./complaint case.

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 Special Case No. 3829/2018 arising out of Paliganj P.S. Case No. 118/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T