Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26158 of 2018 Arising Out of PS. Case No.-64 Year-2017 Thana- CHAURADANO District- East Champaran ====================================================== Sanoj Kumar S/o Ram Ayodha Rai, R/o Vill.- Tikuliya, P.S.- Adapur, DistrictE. Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2018 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 of the Indian Penal Code and Section 30 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 360 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 in the present case on the basis of his confession made in connection with Charradano P.S. Case No. 149 of 2017. Petitioner has been remanded in the present case. Except for this, there is no other

Patna High Court Cr.Misc. No.26158 of 2018(2) dt.30-04-2018 2/2 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 360 liters wine is recovered from the car in question. 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./complaint case. 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 4th A.D.J.-cumSpecial Judge, Excise, East Champaran at Motihari in connection with Charradano P.S. Case No. 64 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T