Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29884 of 2018 Arising Out of PS. Case No.-510 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== Bhola Chaudhary Son of late Sita Ram Chaudhary Resident of VillageNarayan Pur, P.S. Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 188 of the I.P.C. and Sections 37(a), 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that co-accused Chintu Kumar was found in drunken state and he disclosed that he purchased liquor from the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the disclosure made by co-accused Chintu Kumar. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court Cr.Misc. No.29884 of 2018(2) dt.14-05-2018 2/2 of the petitioner in this case. There is no recovery of liquor in the present case. The petitioner has falsely been implicated by co-accused Chintu Kumar, who was apprehended in a drunken state. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident.

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 1st A.D.J., Sheikhpura in connection with Barbigha P.S. case No.510 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T