Shanker Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29299 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- DAWATH District- Rohtas ====================================================== Shanker Turha S/o Suresh Turha, R/o Vill.- Natwar, P.S.- Natwar, DistrictRohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2018 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), 33 and 34 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 120 liters wine is recovered.

It has been submitted on behalf of the petitioner that 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 Kapilmuni Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 120 liters wine is recovered from two different places

Patna High Court Cr.Misc. No.29299 of 2018(2) dt.11-05-2018 2/2 situated by the side of the office of Irrigation Department and other by the side of the S.D.O residence. 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 Additional Sessions Judge-II-cum-Special Court (Judge) Excise, Rohtas at Sasaram in connection with Dawath P.S. Case No. 14/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T