Sunil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60678 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== SUNIL THAKUR Son of Mohan Thakur Resident of Village- Ram Nagar, Jagapakar Ward No.5, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Harsidhi P.S.Case no.207 of 2019 registered for offences punishable under Sections 272, 273, 420, 188, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act..

As per the FIR, the police got confidential information that the petitioner and other accused persons are loading huge quantity of liquor on the vehicle and on that information when the police party reached at the Ward No.5 of Village Ramnagar, seeing the police party the petitioner and other accused persons succeeded in fleeing away and on search of the house of Sone Lal, huge quantity of liquor has been recovered , as such the petitioner and other accused persons have been made accused in this case.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.60678 of 2019(2) dt.24-09-2019 2/2 that there is no source of confidential information and the petitioner has falsely been made accused as well as he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender within a period of two weeks before the learned court below from the date of receipt of the order and on surrender the learned Special Judge shall verify as to what are the materials on the basis of which the name of the petitioner transpires in this case , apart from the confidential information and if there is no such materials, the petitioner shall be released on bail to the satisfaction of the learned Special Judge itself otherwise he has to surrender and make prayer for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T