Patna High Court - Orders
Md. Bablu @ Md. Amir Hussain vs The State Of Bihar on 10 January, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1635 of 2018
Arising Out of PS.Case No. -160 Year- 2017 Thana -SOHSARAI District- NALANDA
(BIHARSHARIFF)
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Md. Bablu @ Md. Amir Hussain
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh
For the Opposite Party/s : Mr. Nityanand Tiwary
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 10-01-2018Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case instituted under Sections 30, 30(A), 32 of Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that 840 bottles of liquor is said to have been recovered from co-accused.
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 come on the basis of disclosure made by local residents. The name of the local residents, who have named the petitioner, has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the Patna High Court Cr.Misc. No.1635 of 2018 (2) dt.10-01-2018 2/2 implication of the petitioner in this case. It is alleged that 840 bottles of liquor is recovered from co-accused. 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 of the Cr.P.C.
On behalf of the state, it has been 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 anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Sohsarai P.S. Case No.160/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-8th-cum-Special Judge, Excise, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/-
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