Surendra Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80296 of 2018 Arising Out of PS. Case No.-251 Year-2017 Thana- BASANTPUR District- Siwan ====================================================== Surendra Chaudhari Son of Late Jawahar Chaudhari, Resident of VillageKhawaspur, P.S.-Basantpur Lakri Nabiganj O.P. District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 272, 273, 308 of the Indian Penal Code and Sections 35(A)(B)/36 of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 156.24 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 petitioner is in custody since 27-11-2018. Charge sheet in this case has already been submitted. The name of the petitioner has transpired in this case on the basis of disclosure made by the local residents. The name of the local residents, who have named the petitioner, has not been disclosed

Patna High Court CR. MISC. No.80296 of 2018(3) dt.09-04-2019 2/2 by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 156.24 liters wine is recovered by the side of bank of a bridge. 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd A.D.J.- cum-Special Judge, Excise Siwan, in connection with Basantpur P.S. Case No. 251 of 2017.

(Sudhir Singh, J) A.K.V.//- U T