Md. Chunnu @ Khurshied @ Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17693 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -RAHIKA District- MADHUBANI ======================================================

1. MD. CHUNNU @ KHURSHIED @ CHUNNU Son of Safiur Rahman @ Munna Resident of Village-Rahika, Police Station-Rahika, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-272 & 273 of the Indian Penal Code and Section-30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 18liters 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 on the basis of disclosure made by the co-accused namely, Rajesh Kumar Jha. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.17693 of 2018 (2) dt.29-03-2018 petitioner in this case. It is alleged that 18 liters wine is recovered from the car in question. The car 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 Cr.P.C.

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 2nd Additional Sessions Judgecum-Special Judge, Excise, Madhubani in connection with Rahika P.S. Case No. 158 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