Pradeep Sah @ Pradeep Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19957 of 2018 Arising Out of PS.Case No. -535 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ====================================================== Pradeep Sah @ Pradeep Kumar Sah, Son of Jiwachh Sah, Resident of Village- Bakmandal, P.S.- Baheri, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nawal Kishor Prasad, Advocate. For the Opposite Party : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 30(a), 34, 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 810 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 810 liters wine is recovered from Pick up van in question. The vehicle in question does not belong to the petitioner. The name of the

Patna High Court Cr.Misc. No.19957 of 2018 (2) dt.06-04-2018 2/2 petitioner has come on the basis of disclosure made by co-accused Abhijit Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 or 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 the learned Additional Sessions JudgeIV-cum-Special Judge, Darbhanga, in connection with G.O. Case No. 1897 of 2017, arising out of Bahadurpur P.S. Case No. 535 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T