Bhanu Kumar Singh @ Aditya Raj @ Bhanu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16656 of 2018 Arising Out of PS.Case No. -437 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Bhanu Kumar Singh @ Aditya Raj @ Bhanu Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-279, 337, 338 of the Indian Penal Code and Section-37(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that the co-accused Bhanu Singh was found in drunken state. The petitioner is alleged to have fled away from there.

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. This case has been instituted against the petitioner due to political enmity with the informant (co-villager). As per allegation, the petitioner met with an accident in a drunken state. Except for this, there is no

Patna High Court Cr.Misc. No.16656 of 2018 (2) dt.23-03-2018 other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of alcohol from the conscious possession of the petitioner. Nothing incriminating has been recovered. The petitioner had no knowledge regarding the alleged incident.

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 Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 437 of 2017, 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