Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45442 of 2018 Arising Out of PS. Case No.-293 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Ashok Singh Son of late Jagdish Singh Resident of Village- Adhaila Mathia, P.S. Mufassil Dhanauti, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshay Lal Pandit For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2018 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)/38(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 4.880 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 as the alleged recovery is made from the field situated by the side of the house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner

Patna High Court Cr.Misc. No.45442 of 2018(2) dt.26-07-2018 2/2 in this case. It is alleged that 4.880 liters wine is recovered from the field 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 A.D.J. II-cumSpecial Judge, Excise, Siwan in connection with Mufassil Dhanauti P.S. case No.293 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