Krishna Chaudhary @ Krishna Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20929 of 2018 Arising Out of PS. Case No.-1587 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Krishna Chaudhary @ Krishna Kumar Chaudhary S/o Mathura Chaudhary, R/o Mohalla- Babhan Toli, Tilauthu, P.S.- Tilauthu, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2018 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), 34 and 35 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 6 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 come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.20929 of 2018(2) dt.12-04-2018 2/2 the implication of the petitioner in this case. It is alleged that 6 liters wine is recovered from the side of the river. 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./complaint case. 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 22nd Additional District & Sessions Judge-cum- Special Judge, Excise, Rohtas in connection with Sasaram (Tilauthu) P.S. Case No. 1587 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