Rahul Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1838 of 2018 Arising Out of PS.Case No. -78 Year- 2017 Thana -BALRAMPUR District- KATIHAR ====================================================== Rahul Kumar Chaudhary .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 272, 273/34 of Indian Penal Code and Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016.

The prosecution story, in brief, is that 822 litres of liquor is said to have been recovered from a pick up Van in question.

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 disclosure made by coaccused before police, as per F.I.R. Except for this, there is no

Patna High Court Cr.Misc. No.1838 of 2018 (2) dt.10-01-2018 2/2 other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 822 litres of liquor is recovered from a Pick up Van in question. The said pick up van 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 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner 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 Balrampur P.S. Case No.78/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T