Bholu @ Ratan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68355 of 2018 Arising Out of PS. Case No.-251 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== Bholu @ Ratan Kumar Son of Mahesh Sah, Resident of Village- Kerama, P.S.- Kudhani, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Prasad Singh For the Opposite Party/s :
Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 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 IPC and Section30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 8.640 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 on the basis of disclosure made by co-accused Vinod Kumar Sah. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 8.640 liters wine is recovered from the car in
Patna High Court Cr.Misc. No.68355 of 2018(3) dt.17-01-2019 2/2 question. 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 Special Judge, Excise, Muzaffarpur in connection with Maniyari P.S. Case No. 251 of 2018, 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