Harendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62868 of 2017 Arising Out of PS.Case No. -360 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Harendra Sah S/o Sri Thakur Sah, R/o Village- Harpurwa, Rampur New Tola, P.S.- Jogapatti, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 30 (d), 35 and 41 of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 49300 litres of spirit is said to have been recovered from two tankers and one tractor trailer.

It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of confessional statement of co-accused, 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 alleged that 49300

Patna High Court Cr.Misc. No.62868 of 2017 (2) dt.08-01-2018 2/2 litres of spirit is recovered from two tankers and one tractor trailer, standing near R.K. Petrol Pump. The petitioner is not named in the F.I.R. His name has come in course of investigation. 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 of the Cr.P.C. The other co-accused has been granted anticipatory bail vide Cr. Misc. No. 61478/2017 dated 15.12.2017.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Bettiah Muffasil P.S. case No.360/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T