Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6961 of 2018 Arising Out of PS. Case No.-455 Year-2016 Thana- BIHTA District- Patna ====================================================== Akhilesh Yadav Son of Radha Yadav Resident of Village-Maudahi P.S. Bihta District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Kumari Sujata Sinha For the Opposite Party/s :

Mr. MD. ARIF ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 47, 50(c) and 51 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 410 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the disclosure made by the co-accused Binay Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 410 liters wine is recovered from the bank of Sone river in abandoned stage.

Patna High Court Cr.Misc. No.6961 of 2018(2) dt.08-02-2018 2/2 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 Addl. Sessions Judge 8thcum-Special Judge, Excise, Patna in connection with Bihta P.S. case No.455 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T