Patna High CourtCR. MISC./17888/2019bail granted

Subhash Singh @ Subash Singh v. The State Of Bihar

2019-03-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17888 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- RASULPUR District- Saran ====================================================== Subhash Singh @ Subash Singh S/o Vijay Singh @ Ghinawan Singh Resident of Village-Nawada, P.S.-Rasulpur, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30/38/41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1969.920 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 come on the disclosure of co-accused Dabloo Kumar Mahto and Chhote Kumar Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1969.920 liters wine is recovered from two cars in question.

Patna High Court CR. MISC. No.17888 of 2019(2) dt.29-03-2019 2/2 None of the cars belongs 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.

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 Addl. District Judge, Saran in connection with Rasulpur P.S. case No.11 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T