Chhathu Bhagat @ Bachcha Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29550 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- MEERGANJ District- Gopalganj ====================================================== Chhathu Bhagat @ Bachcha Bhagat, Son of Late Sashodar Bhagat, resident of Village- Matihani Madho, P.S.- Mirganj, Dist.- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anirudh Kumar Verma For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 33.160 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 Ramesh Singh and Shivji Pasi. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 33.160 liters wine is recovered from the side of the road. Nothing incriminating

Patna High Court Cr.Misc. No.29550 of 2018(2) dt.11-05-2018 2/2 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 Additional District and Sessions Judge IInd-cum-Special Judge, Gopalganj in connection with Mirganj P.S. case No.315 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