Sawan Kumar @ Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20887 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- PATEPUR District- Vaishali ====================================================== Sawan Kumar @ Shankar Rai S/o Ram Swarath Rai, R/o Village- Bardiha Turki, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

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

The petitioner is apprehending his arrest in a case registered under Sections 30(A), 32(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that about 1770 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 on the basis of disclosure made by the local residents and the seizure list witnesses. The name of local residents, who have named the petitioner, has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.20887 of 2018(2) dt.12-04-2018 2/2 implication of the petitioner in this case. It is alleged that about 1770 liters wine is recovered from the house of co-accused Abhishek Kumar. 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 Additional Sessions Judge -II-cum Special Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 71/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T