Bhuwaneshwar Nath Singh @ Bhuneshwar Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57293 of 2017 Arising Out of PS. Case No.-293 Year-2017 Thana- RAJIVNAGAR District- Patna ====================================================== Bhuwaneshwar Nath Singh @ Bhuneshwar Nath Singh S/o late Jungi Singh, resident of Mohalla Khajpura behind Shiv Mandir, P.O. Bihar Veterinary College, P.S. Airport Police Station, in the District & Town Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. AMIT KUMAR JHA For the Opposite Party/s :

Mr. ATAUR RAHMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that 183.25 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 basis of confessional statement of co-accused Raushan Kumar made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is

Patna High Court Cr.Misc. No.57293 of 2017(2) dt.12-12-2017 2/2 alleged that 183.25 liters wine is recovered from co-accused Raushan Kumar, who is the tenant of 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 VIIIth-cum-Special Judge Excise, Patna in connection with Rajiv Nagar P.S. case No.293 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T