Shyam Babu @ Shyam Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7457 of 2022 Arising Out of PS. Case No.-492 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Shyam Babu @ Shyam Babu Yadav, aged about 40 years, Son Of Shivji Yadav, R/O Village- Masarh Ke Tola, P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar Singh, Advocate For the Opposite Party :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Udwant Nagar P.S. Case No. 492 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 75 liters wine is recovered by the side of the river.

Patna High Court CR. MISC. No.7457 of 2022(2) dt.25-02-2022 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that 75 liters wine is recovered by the side of the river. The name of the petitioner has transpired in the present case on the basis of disclosure made by Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhojpur, Ara, in connection with Udwant Nagar P.S.

Patna High Court CR. MISC. No.7457 of 2022(2) dt.25-02-2022 3/3 Case No. 492 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T