Ram Pravesh Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1354 of 2018 Arising Out of PS. Case No.-443 Year-2017 Thana- MOHANIA District- Bhabhua (Kaimur) ====================================================== Ram Pravesh Chaubey, Son of Jokhu Chaubey @ Joku Chaubey, Resident of Village- Sotwa, P.S.- Kudhni, District- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dharmesh Kumar Shrivastava For the Opposite Party/s :

Mr. DAMODAR PRASAD TIWARY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(a), 38 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 48.06 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by the co-accused as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 48.06 liters wine is recovered. Nothing incriminating has been recovered from the

Patna High Court Cr.Misc. No.1354 of 2018(2) dt.10-01-2018 2/2 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-cum-A.D.J. 4th, Kaimur at Bhabhua in connection with Mohania P.S. case No.443 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T