SUJIT KUMAR v. The State of Bihar
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner : For the Opposite Party : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH Mr. Sunil Kumar, Adv. Mr. Sharda Kumari, APP ORAL ORDER 2 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections-30(a) & 30(d) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 30 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 name of the petitioner has transpired on the Patna High Court CR. MISC. No.28532 of 2022(2) dt.01-11-2022 basis of secret information.
The source and genuineness of secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 30 liters wine is recovered from a Bhatti. The Bhatti, 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. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon’ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari Vs. State of Bihar). 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 twelve 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 4th Additional District & Sessions Judge-cum-Special Judge, Excise, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 428 of 2021, subject to the conditions as laid down under Section Patna High Court CR. MISC. No.28532 of 2022(2) dt.01-11-2022 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.