Babloo Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42497 of 2018 Arising Out of PS.Case No. -5 Year- 2017 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Babloo Paswan S/o Chandeshwar Paswan resident of Village Gharabhara Deogan, P.S. - Bochahan, District Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Dy. S.P. Cum S.H.O. Economic Offence P.S. Bihar, Patna, District - Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Nitu Kumari For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 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, 467, 468, 471, 414, 120B/34 of the Indian Penal Code and Sections-30(A), 38 & 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3856 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 on the basis of disclosure made by the co-accused namely, Nishant Singh @ Sonu. Except for this,

Patna High Court Cr.Misc. No.42497 of 2018 (2) dt.17-07-2018 there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3856 liters wine is recovered from a truck and a car in question. The truck or the car in question 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 Special Judge, Excise, Patna in connection with Economic Offence Bihar P.S. Case No. 05 of 2017 (Special Case No. 1194 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