Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27626 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- MASRAKH District- Saran ====================================================== Dharmendra Singh, Son of Banke Singh, Resident of Village- Dumri Chapia, P.S. Taraiya, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dr. Alok Kumar Sinha For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30, 30(a)/30(c)/38/41/45/47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 270 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 disclosure of co-accused Rohit Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 270 liters wine is recovered from the car. The car in question does not belong to the petitioner.

Patna High Court Cr.Misc. No.27626 of 2018(2) dt.07-05-2018 2/2 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 6th Additional District and Sessions Judge, Excise, Saran, Chapra in connection with Masrakh P.S. case No.70 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T