Devnarayan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71864 of 2018 Arising Out of PS. Case No.-609 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Devnarayan Saw, s/o- Jagdish Saw, r/o- village Hariharpur, P.S.- Bodhgaya, District- Gaya.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 40 liters mahua wine is recovered.

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 transpired as the motorcycle in question belongs to the petitioner. The said motorcycle was given by the petitioner to his co-villager for his personal use. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.71864 of 2018(2) dt.04-12-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 40 liters mahua wine is recovered from the motorcycle in question. 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/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 learned Special Excise Judge, Gaya in connection with Bodhgaya P.S. Case No. 609/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T