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Patna High CourtCR. MISC./7530/2018bail granted

Sudhir Kumar Singh v. The State Of Bihar

2018-02-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7530 of 2018 Arising Out of PS. Case No.-354 Year-2017 Thana- LAHERIASARAI District- Darbhanga ====================================================== Sudhir Kumar Singh, S/o Late Bisheshwar Prasad Singh, Resident of Mohalla- Laxmipur, Balbhadrapur, P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pankaj Kumar Das For the Opposite Party/s :

Mr. AKHILESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 37 (C) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the co-accused namely Pankaj Kumar Chaudhary was apprehended in a drunken state and he has stated that he purchased the liquor in question from this petitioner.

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 Pankaj Kumar Chaudhary. Except for this, there is no other substantive evidence to suggest the implication of the petitioner

Patna High Court Cr.Misc. No.7530 of 2018(2) dt.09-02-2018 2/2 in this case. There is no recovery from the possession of the petitioner.

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 Sessions Judge-IV-cum-Special Judge, Darbhanga in connection with G.O. Case No. 1490 of 2017 (arising out of Laheriasarai P.S. Case No. 354 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