Rajesh @ Raj Kumar Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3903 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAJESH @ RAJ KUMAR VISHWAKARMA Son Sumegal Vishwakarma @ Shumangal Vishwakarma Resident of Village - East Bhagat Dih, P.S.- Jharia, District- Dhanbad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offence under Sections-120(B), 272, 273, 414 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 621 liters 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 petitioner has been falsely implicated in the present case. It is alleged that 621 liters wine is recovered from two pick up Vans. The petitioner is said to be owner of one of the pick up Vans. There is no recovery of liquor from the pick up Van belonging to the petitioner. Nothing incriminating has

Patna High Court CR. MISC. No.3903 of 2020(7) dt.30-11-2021 2/2 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 of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Khodawandpur P.S. Case No. 141 of 2019, 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