Girish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13863 of 2018 Arising Out of PS.Case No. -76 Year- 2017 Thana -JADOPUR District- GOPALGANJ ====================================================== Girish Yadav, Son of Late Mangaru Yadav, Resident of Village-Nawada, P.S. Yadopur, District-Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhramveer, Advocate. For the Opposite Party : Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 07.10.2017 in a case for the offence registered under Sections 272, 273, 420 of the IPC, 30(a) (b) and (c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 55 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 55 liters wine is

Patna High Court Cr.Misc. No.13863 of 2018 (2) dt.09-03-2018 2/2 recovered from the co-accused Harun Mahto. The petitioner has not been apprehended on spot. His name has come on the basis of disclosure made by co-accused Harun Mahto.

Nothing incriminating has been recovered from 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, in connection with Yadopur P.S. Case No. 76 of 2017. U.K./- (Sudhir Singh, J) U T