Satendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16350 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== SATENDRA YADAV, aged about 30 years (M), S/O GANESH YADAV, R/o village- Dipau, P.S.- Kotwa, District- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate For the Opposite Party :
Mr. Mritunjay Kumar Nirala, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned counsel for the State.
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 Excise Case No. 116 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The prosecution story, in brief, is that total 4000 liters wine is recovered from the Truck in question. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.16350 of 2022(2) dt.11-04-2022 2/3 present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that 4000 liters wine is recovered from the Truck in question. The petitioner is not the owner of the Truck in question. The name of the petitioner has transpired in the present case on the basis of secret information. The source and genuineness of secret information has not been disclosed by the prosecution. 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 Special Judge, Exclusive Special Excise Court No.
Patna High Court CR. MISC. No.16350 of 2022(2) dt.11-04-2022 3/3 No. 116 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