Patna High CourtCR. MISC./6912/2018bail granted

Jai Prakash Chaudhary @ J. P. v. The State Of Bihar

2018-02-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6912 of 2018 Arising Out of PS. Case No.-81 Year-2017 Thana- BAHADURPUR District- Darbhanga ====================================================== Jai Prakash Chaudhary @ J. P. S/o Jitendra Chaudhary R/o Village Patori, P.S. Moro, District Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. GANESH PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that approx one litre wine is recovered.

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 co-accused namely Shiv Shankar Singh @ Bambam Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that one litre wine is

Patna High Court Cr.Misc. No.6912 of 2018(2) dt.07-02-2018 2/2 recovered from the possession of co-accused Shiv Shankar Singh @ Bambam Singh. 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 A.D.J.-3-cumSpecial Judge, Prohibition and Excise, Darbhanga in connection with Bahadurpur P.S. Case No. 81 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