Chandan Kumar @ Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8499 of 2018 Arising Out of PS. Case No.-567 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR SINGH, s/o- Surendra Prasad Singh, r/o- Mohalla Rajendra Nagar, Awas Board, P.S.- Chitragupta Nagar, District- Khagaria.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh For the Opposite Party/s :
Mr. MITHILESH KUMAR KHARE ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 30(a) and 38 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 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 namely Anuj Kumar. Except for this, there is no other substantive evidence to suggest
Patna High Court Cr.Misc. No.8499 of 2018(2) dt.13-02-2018 2/2 the implication of the petitioner in this case. It is alleged that 750 ml wine is recovered from the house of Anuj Kumar. 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 Special Judgecum-Additional Sessions Judge-I, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 567 of 2017 (G.R. No. 2418 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T