Salman Miyan @ Salim Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70777 of 2018 Arising Out of PS. Case No.-69 Year-2017 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Salman Miyan @ Salim Nat, S/o Sainul Mian, Resident of Village-Panditpur, P.S. Pakridayal, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273/34 of the IPC and Sections 30(a), 37(a)of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 54.3 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. 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-accused Shatrughan Kumar. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.70777 of 2018(2) dt.29-11-2018 2/2 the implication of the petitioner in this case. It is alleged that 54.3 liters wine is recovered from the motorcycle, in question. The motorcycle, 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.

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 Additional Sessions Judge-VII-cum-Special Judge, Excise, Motihari, East Champaran in connection with Kundwa Chainpur P.S. Case No. 69 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T