Sohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43724 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Sohan Singh Son of Balveer Singh Resident of Villagbe Nagla Burj Post Avirmi Tehsil Manavan Baldeo Distt. Mathura, U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2018 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 I.P.C. and Sections 30(a), 36, 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 3500 liters wine is recovered.

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 in the present case as the petitioner is alleged to be the owner of the bus in question. The said bus is run as public transport by the driver of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.43724 of 2018(2) dt.20-07-2018 2/2 petitioner in this case. It is alleged that 3500 liters wine is recovered from the bus 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.

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 Special Court, Excise, Madhubani in connection with Madhubani Town P.S. case No.75 of 2018, G.R. No.304 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T