Prem Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19692 of 2018 Arising Out of PS.Case No. -74 Year- 2016 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Prem Patel Son of Late Deba Patel, Resident of Village-Tadhwanandpur, P.S.-Bairiya, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 69 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 course of investigation. As per the prosecution case, the petitioner is said to be guard of the shop in question. The contention of the prosecution is denied by the

Patna High Court Cr.Misc. No.19692 of 2018 (2) dt.04-04-2018 petitioner. It is alleged that 69 liters wine is recovered from the shop of one Umesh Yadav. 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 Special Judge, Excise, West Champaran, Bettiah in connection with Bairiya P.S. Case No. 74 of 2016, 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