Dhurendhar Sah @ Dhurendar Sah @ Dhurendhar Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16036 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SAHAJITPUR District- Saran ====================================================== Dhurendhar Sah @ Dhurendar Sah @ Dhurendhar Shah, Son of Late Raghunath Sah Resident of Village - Dhobawal, P.S.- Baniyapur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar .
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh For the Opposite Party/s :
Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 8800 liters wine is recovered.
It has been submitted on behalf of the petitioner that 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-accuseds, namely, Pawan Kumar Mahto and Arjun Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner
Patna High Court CR. MISC. No.16036 of 2019(2) dt.14-03-2019 2/2 in this case. It is alleged that 8800 liters wine is recovered from the truck in question. The truck 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 6th Additional District and Sessions Judge, Saran at Chapra in connection with Sahajitpur P.S. Case No. 1/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U