Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58629 of 2017 Arising Out of PS.Case No. -145 Year- 2017 Thana -ANDER District- SIWAN ======================================================

1. Mantu Yadav S/o Deva Nand Yadav, R/o Sultanpur (Dahabari), P.S.- Andar , District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 272, 273, 308 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that 34.560 litres of liquor is said to have been recovered from a car of co-accused. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of confessional statement of co-accused made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court Cr.Misc. No.58629 of 2017 (2) dt.12-12-2017 2/2 of the petitioner in this case. It is alleged that 34.560 litres of liquor is recovered from a car of co-accused. The said car does not belong to the petitioner. 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 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Ander P.S. Case No.145 of 2017 on furnishing bail bond 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), Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T