Ramaswarup Yadav @ Ramasarup Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14083 of 2023 Arising Out of PS. Case No.-470 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ramaswarup Yadav @ Ramasarup Yadav S/O Late Fekan Yadav Resident of Village- Mohan Eghu, P.S.- Muffasil, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shubhesh Pandey, Advocate For the Opposite Party :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-414, 120(B)/34 of the Indian Penal Code and Section-30(a)/41 of the Bihar Prohibition and Excise (Amendment) Act.

The prosecution case, in short, is that 4370 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. It is alleged that 4370 liters wine is recovered from a car parked in a garden. The petitioner is said to be owner of the garden, in question. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court CR. MISC. No.14083 of 2023(2) dt.29-04-2023 2/2 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. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) 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 twelve 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 Exclusive Special Excise Court No. 1, Begusarai in connection with Muffasil P.S. Case No. 470 of 2019, 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