Sandeep Kumar Chaudhary @ Sandeep Chaudhary @ Sandeep Kr. Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60496 of 2017 Arising Out of PS. Case No.-269 Year-2017 Thana- HUSAINGANJ District- Siwan ====================================================== Sandeep Kumar Chaudhary @ Sandeep Chaudhary @ Sandeep Kr. Choudhary, son of Vijay Chaudhary, resident of Village+ P.S.- Hussainganj, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 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, 308 of the I.P.C. and Sections 41(1), 30, 36, 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 86.4 liters wine is recovered from a car.

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 come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution.

Patna High Court Cr.Misc. No.60496 of 2017(2) dt.14-12-2017 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 86.4 liters wine is recovered from a car, which had met with an accident. 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 2nd Additional Sessions Judgecum-Special Judge, Siwan in connection with Hussainganj P.S. case No.269 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T