Dhurendra Sah @ Dhurandhar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67731 of 2018 Arising Out of PS.Case No. -86 Year- 2017 Thana -BANIAPUR District- SARAN ======================================================
1. Dhurendra Sah @ Dhurandhar Sah, Son of Raghunath Sah, Resident of Village-Dhobwal, P.S. Baniyapur, District Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 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, 30(a) & 38 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 427.192 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 in this case as the Pick up van in question belongs to the petitioner. The said Pick up van is run as a public carrier by driver of the petitioner. Except for this, there is no other substantive evidence to suggest the
Patna High Court Cr.Misc. No.67731 of 2018 (2) dt.19-11-2018 implication of the petitioner in this case. It is alleged that 427.192 liters wine is recovered from the Pick up van 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 6th Additional District Judge, Saran in connection with Baniyapur P.S. Case No. 86 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T