Patna High CourtCR. MISC./17810/2018bail granted

Prasoon Singh @ Prasoon Kr. Singh v. The State Of Bihar

2018-03-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17810 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -ATHMALGOLA District- PATNA ======================================================

1. Prasoon Singh @ Prasoon Kr. Singh Son of late Tarani Singh R/o VillRupas Dindayal Singh Ka Tola, P.S.- Athamal Gola, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section-3-(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 106 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 as the alleged recovery is said to have been made by the side of Dalan of this petitioner. Except for this, there is no other substantive evidence to suggest the implication of

Patna High Court Cr.Misc. No.17810 of 2018 (2) dt.29-03-2018 the petitioner in this case. It is alleged that 106 liters wine is recovered by the side of Dalan of this 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.

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, Excise, Patna in connection with Athmal Gola P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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