Rahul Kumar @ Chandan Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43028 of 2018 Arising Out of PS. Case No.-217 Year-2016 Thana- BARAUNI District- Begusarai ====================================================== Rahul Kumar @ Chandan Goswami S/o Sunil Goswami, R/o Vill.- Sahpur, P.S.- Cheria Bariarpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 47(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 5.250 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 come on the disclosure of co-accused Raushan Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 5.250 liters wine is recovered from co-accused

Patna High Court Cr.Misc. No.43028 of 2018(2) dt.19-07-2018 2/2 Raushan Kumar. 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 Additional Sessions Judge II, Begusarai-cum-Special Judge, Bihar Prohibition and Excise Act, 2016 in connection with Barauni P.S. case No.217 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T