Shyam Kumar Thakur @ Shyam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36791 of 2018 Arising Out of PS.Case No. -247 Year- 2018 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Shyam Kumar Thakur @ Shyam Thakur, Son of Late Jagarnath Thakur, Resident of Village- Katra Mohalla, P.S. Hajipur Town, Dist.- Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 188 of the IPC, 30 and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 21.16 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 21.16 liters wine is recovered from the hut and field in question. The name of the petitioner has come as

Patna High Court Cr.Misc. No.36791 of 2018 (3) dt.09-07-2018 2/2 the hut and field in question alleged to be of the petitioner. The petitioner denies the ownership of the said hut and field. 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, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six 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 the learned 2nd Additional Sessions Judge/Special Judge, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 247 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./Abhijeet- (Sudhir Singh, J) U T