Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40208 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- BHELDI District- Saran ====================================================== Chandan Kumar son of Rajeshwar Singh, Resident of Village- Mithepur, P.S.- Garkha, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 188, 272, 273 of the Indian Penal Code and Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 155.52 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 vehicle in question from which recovery is made belongs to the petitioner. The same is run as taxi by the driver of the petitioner.

Patna High Court Cr.Misc. No.40208 of 2018(2) dt.13-07-2018 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 155.52 liters wine is recovered from the car in question. 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 6th Additional Sessions Judge, Saran at Chapra in connection with Bheldi P.S. Case No. 119 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T