Anil Mahto @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14261 of 2018 Arising Out of PS.Case No. -378 Year- 2017 Thana -NANHPUR District- SITAMARHI ======================================================

1. Anil Mahto @ Anil Kumar S/o Harikishor Bhagat , R/o Village- Nanpur Jirat Tola (Ward No. 11), P.S.- Nanpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratneshwar Prasad For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section-272, 273, 34 of the Indian Penal Code and Section-30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 70 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses against the petitioner. The name of the petitioner has transpired as the alleged recovery is said to have been made from joint house of the petitioner in which, other family members also reside. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.14261 of 2018 (2) dt.14-03-2018 implication of the petitioner in this case. It is alleged that 70 liters wine is recovered from three different places. So far petitioner is concerned, 85 litres wine has been recovered from his joint house. 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, 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 Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Nanpur P.S. Case No. 378 of 2017 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