Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24069 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== Bablu Singh, son of Harendra Singh, resident of Village- Kalupakar, P.S.- Phenhara, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 188, 273, 290/34 of the Indian Penal Code and Section 30 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3.3 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 transpired as the alleged recovery is made from the open field belonging to the petitioner. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.24069 of 2018(2) dt.26-04-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 3.3 liters wine is recovered from the open field in an abandoned state. 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./complaint case. 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-IV-cum- Special Judge, Excise Act, East Champaran at Motihari in connection with Phenhara P.S. Case No. 20 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.