Sudama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16423 of 2018 Arising Out of PS. Case No.-108 Year-2017 Thana- AMBA District- Aurangabad ====================================================== Sudama Yadav, son of Late Shiv Nandan Yadav, resident of Village- Chiru, Police Station- Chhatarpur, District- Palamu (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlendra Pd. Singh For the Opposite Party/s :

Mr. AMRENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 20 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 as the petitioner is alleged to be the owner of the motorcycle in question. The said motorcycle was lent by him to his son. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.16423 of 2018(2) dt.22-03-2018 2/2 the implication of the petitioner in this case. It is alleged that 20 liters wine is recovered from the motorcycle. 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 -VII-cum- Special Judge, Excise, Aurangabad in connection with Amba P.S. Case No. 108/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T