Chunnu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12785 of 2023 Arising Out of PS. Case No.-136 Year-2021 Thana- AMBA District- Aurangabad ====================================================== CHUNNU SINGH, aged about 33 years, (Male), Son of Jitendra Singh, R/o Village - Kolhna, Singhaura, P.S.- Wazirganj, District - Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party :
Mr. Shailendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Amba P.S. Case No. 136 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 112.500 liters wine is said to have been recovered from the car in question.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged
Patna High Court CR. MISC. No.12785 of 2023(2) dt.29-04-2023 2/3 against the petitioner. It is alleged that total 112.500 liters wine is recovered from the car in question. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of seized car. The petitioner is alleged to be the owner of the car. It is further submitted that the said car was already sold to one Sushila Agarwal prior to the alleged occurrence, annexed as Annexure-2 to the present application. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-VersusThe State of Bihar). On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case.
Patna High Court CR. MISC. No.12785 of 2023(2) dt.29-04-2023 3/3 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 bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Aurangabad, in connection with Amba P.S. Case No. 136 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T