Durgesh Singh @ Durgesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72279 of 2018 Arising Out of PS. Case No.-249 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Durgesh Singh @ Durgesh Kumar Singh, S/o Ramaji Singh, Resident of Village- Mudiyari, P.S.- Mairwa, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Dubey For the Opposite Party/s :

Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 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, 308/34 of the I.P.C. and Sections 30/38/41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 33.800 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 come on the basis of disclosure made by the local residents as per F.I.R. The name of local residents, who have named the petitioner, has not been disclosed by the prosecution. Except for this, there is no other

Patna High Court Cr.Misc. No.72279 of 2018(2) dt.04-12-2018 2/2 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 33.800 liters wine is recovered from the car. The car in question does not belong to the petitioner. 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 2nd-cum-Spl. Judge, Excise, Siwan in connection with Mairwa P.S. case No.249 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T