Sukhi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16917 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -IMAMGANJ District- GAYA ====================================================== Sukhi Paswan, Son of Late Harkhu Paswan, Resident of Village- Rongha, P.S.- Kodhi, District- Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sushant Praveer, Advocate. For the Opposite Party : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 272 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 110 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 110 liters wine is recovered from the land situated at the back of the house of co-accused Munarik Bharti @ Munarik Bhuiyan @ Munarik Yadav. The name of the

Patna High Court Cr.Misc. No.16917 of 2018 (2) dt.27-03-2018 2/2 petitioner has come on the basis of disclosure made by co-accused Munarik Bharti @ Munarik Bhuiyan @ Munarik Yadav. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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. Other co-accused Munarik Bharti @ Munarik Bhuiyan @ Munarik Yadav has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 58983 of 2017 dated 22.12.2017. 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 or 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 the learned Special Judge, Excise, Gaya, in connection with Imamganj P.S. Case No. 189/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T