Sajan Das @ Sajan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14202 of 2018 Arising Out of PS.Case No. -136 Year- 2017 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================

1. Sajan Das @ Sajan Kumar Das Son of Ramdev Das Resident of VillageKudhwa, Police Station- Chakmehsi, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section-272, 273, 34 of the Indian Penal Code and Sections-30(a) and 38(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 2.4 liters wine is recovered from abandoned hut of the petitioner. 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 as recovery was made from abandoned hut of the petitioner. Except for this, there is no other

Patna High Court Cr.Misc. No.14202 of 2018 (2) dt.14-03-2018 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2.4 liters wine is recovered from abandoned hut of 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-VI, Samastipur in connection with Chakmehsi P.S. Case No. 136 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