Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71457 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Dharmendra Singh Son of Raj Kumar Singh Resident of Village-Asani, P.S. Udwant Nagar, District- Bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maya Shankar Mishra For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

The prosecution case, in short, is that 100 liters of wine is recovered.

It has been submitted on behalf of the petitioner that the he has got no criminal antecedent. There is no allegation of tampering of witnesses. The name of the petitioner has come on the basis of disclosure made by the local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner

Patna High Court Cr.Misc. No.71457 of 2018(2) dt.14-12-2018 2/2 in this case. It is alleged that 100 liters wine is recovered from the side of the temple. Nothing 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 FIR/complaint case. Considering the aforesaid facts and circumstance, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Udwantnagar Police Station Case No.248 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T