Shankar Kumar @ Shankar Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14962 of 2018 Arising Out of PS. Case No.-469 Year-2017 Thana- BAHADURPUR District- Darbhanga ====================================================== SHANKAR KUMAR @ SHANKAR KUMAR YADAV, s/o- Manindra Yadav, r/o- village Nandapatti, P.s.- Baheri, District- Darbhanga, presently residing at Mohalla Indra Colony, P.s.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagnnath Singh For the Opposite Party/s :

Mr. DILIP KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 16.5 liters 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 in the present case as he is the guard of the school from where the liquor is recovered. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.14962 of 2018(2) dt.15-03-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 16.5 liters wine is recovered from the campus of the school 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 Judge, Excise, Darbhanga in connection with G.O. Case No. 1699 of 2017 (arising out of Bahadurpur P.S. Case No. 469 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T