Subhash Singh @ Subhash Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10287 of 2018 Arising Out of PS. Case No.-805 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Subhash Singh @ Subhash Chandra Singh S/o Rameshwar Singh @ Jhaman Singh, resident of village Minapur, P.S. Hajipur Town, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur For the Opposite Party/s :

Mr. MD. FAHIMUDDIN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2018 A supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 188, 120B/34 of the I.P.C. and Sections 30/38 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1080 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 come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution.

Patna High Court Cr.Misc. No.10287 of 2018(2) dt.26-02-2018 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1080 liters wine is recovered from the side of the road in front of the house of co-accused Sudhir Singh. 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 complaint case/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 2nd Additional Sessions Judgecum-Special Judge (Excise Act), Vaishali at Hajipur in connection with Hajipur Town P.S. case No.805 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