Birendra Yadav @ Dhiren Yadav @ Biren Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10436 of 2018 Arising Out of PS. Case No.-1158 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== Birendra Yadav @ Dhiren Yadav @ Biren Yadav S/o Ramdhin Yadav, R/o Village- Diwari Sonbarsa Kachahari, P.S.- Saharsa (Sonbarsa Kachahari), District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a), 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 1183.32 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.01.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1183.32 liters wine is recovered from the truck/tempo in

Patna High Court Cr.Misc. No.10436 of 2018(3) dt.14-03-2018 2/2 question. The petitioner has not been not apprehended on the spot. The name of the petitioner has been transpired on the disclosure made by the co-accused namely Sanjeev Kumar, Chintu Kumar and Shankar Kumar. 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, it is directed that 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 learned Additional Sessions Judge-II-cum- Special Judge, Excise Act, Saharsa in connection with Saharsa Sadar (Sonbarsa Kachahari) P.S. Case No. 1158/2017, Special Case No. 517/2017. (Sudhir Singh, J) Pankaj/- U T