Ram Pukar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57734 of 2017 Arising Out of PS.Case No. -269 Year- 2017 Thana -HUSAINGANJ District- SIWAN ====================================================== Ram Pukar Yadav S/o Rajendra Yadav, R/o Village- Rafipur, P.S.- Hussainganj, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 25.09.2017 in a case for the offence registered under Sections 272, 273, 308 of the IPC and 41(i), 30, 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 86.400 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that 86.400 liters wine is

Patna High Court Cr.Misc. No.57734 of 2017 (2) dt.18-12-2017 2/2 recovered from a Bolero. The name of the petitioner has come on the basis of secret information as per the F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. 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, let 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 the learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Siwan, in connection with Hussainganj P.S. Case No. 269 of 2017. U.K./- (Sudhir Singh, J) U T