Sukhal Mian @ Sukhal Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20842 of 2018 Arising Out of PS. Case No.-2 Year-2017 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Sukhal Mian @ Sukhal Miyan S/o Usman Mian, R/o Village- Madhubani Ghat, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== 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 272, 273 of the Indian Penal Code and Sections 30(A), 37(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 585 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 transpired as he is alleged to be owner of the vehicle in question but the petitioner had sold the vehicle in question prior to the date of alleged

Patna High Court Cr.Misc. No.20842 of 2018(2) dt.12-04-2018 2/2 incident to one Ramakant Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 585 liters wine is recovered from the car in question. 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 VII Additional Sessions Judge, Motihari, East Champaran in connection with Kundwa Chainpur P.S. Case No. 02/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T