Patna High Court - Orders
Nikku Kumar Singh @ Nikku Kumar vs The State Of Bihar on 17 December, 2021
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34766 of 2021
Arising Out of PS. Case No.-195 Year-2020 Thana- SIMRI District- Darbhanga
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NIKKU KUMAR SINGH @ NIKKU KUMAR S/o Ram Lolin Singh R/o
village- Dihramupr, P.S.- Bisanpur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Baidya Nath Prasad, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh 1, APP
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 17-12-2021Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.
The petitioner is apprehending his arrest in connection with Simri P.S. case No.195 of 2020 registered under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 137.325 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case on Patna High Court CR. MISC. No.34766 of 2021(2) dt.17-12-2021 2/2 disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 137.325 liters wine is recovered from the car. The petitioner is not the owner of the car in question. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or 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 A.D.J. 2nd- cum-Special Judge (Excise), Darbhanga in connection with Simri P.S. case No.195 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/- (Sudhir Singh, J) U T