Pintu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26208 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -SHASTRINAGAR District- PATNA ====================================================== Pintu Bind, S/o Late Sitaram Bind, Resident of Shekhpura, Bind Toli, P.S.- Shastrinagar, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shambhu Sharan Singh, Advocate. For the Opposite Party : Mr. Nityanand Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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

The prosecution story, in brief, is that total 2.4 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 2.4 liters wine is recovered from the Scrap shop of one co-accused Santu Bind. The name of the petitioner has come on the basis of secret information as per F.I.R. The source and genuineness of secret information has not been

Patna High Court Cr.Misc. No.26208 of 2018 (2) dt.01-05-2018 2/2 disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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. Other co-accused Santu Bind has been granted anticipatory bail by this Court in Cr. Misc. No. 17244 of 2018 dated 27.03.2018.

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 or 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 the learned Special Judge, Excise Act, Patna, in connection with Special Case No. 441 of 2018, arising out of Shastrinagar P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T