Bikram Yadav @ Vikram Yadav @ Bikram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17434 of 2022 Arising Out of PS. Case No.-23 Year-2021 Thana- SAKRI District- Madhubani ====================================================== BIKRAM YADAV @ VIKRAM YADAV @ BIKRAM KUMAR SINGH Son of Bhola Yadav Resident of Village - Rampur, P.S.- Sakri at Present Village -and P.S.- Pandaul, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Sakri P.S. Case No. 23 of 2021 registered for the offence under Sections-272 & 273 of the Indian Penal Code and Sections-30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 3132 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.17434 of 2022(2) dt.15-04-2022 2/2 case. It is alleged that 3132 litres wine is recovered from the truck. The petitioner is not owner of the truck, in question. The name of the petitioner has transpired in this case on the basis of secret information. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present 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.

Considering the aforesaid facts and circumstances of the case, 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Sakri P.S. Case No. 23 of 2021, 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