Wu Chuangyong v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72864 of 2018 Arising Out of PS. Case No.-231 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Wu Chuangyong, Son of Wu @ Wuxianguri, Resident of Sichuan, China, at Present residing at Shalimar Chamber Opposite Maulana Abdul Engineering College, Alinagar, Anisabad P.S.-Gardanibagh Dist.-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul For the Opposite Party/s :

Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 750 ml 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 as the rented premises belongs to the company in question. The petitioner happens to be the employee of the company. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.72864 of 2018(2) dt.06-12-2018 2/2 implication of the petitioner in this case. It is alleged that 750 ml wine is recovered from the premises in question. 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 Special Judge, Patna in connection with Special case No.5625 of 2018 arising out of Gardanibagh P.S. case No.231 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T