Chhotey @ Ritesh Paswan @ Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30240 of 2018 Arising Out of PS. Case No.-347 Year-2017 Thana- ARA NAWADA District- Bhojpur ====================================================== Chhotey @ Ritesh Paswan @ Ritesh Kumar, S/o Chitranjan Kumar, R/o Village- Purwari Gumti, P.S.- Ara Nawada, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 6.750 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 come on the disclosure of co-accused Rakesh Yadav. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 6.750 liters wine is recovered from the house of

Patna High Court Cr.Misc. No.30240 of 2018(2) dt.15-05-2018 2/2 Gunjan 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.

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 4th Additional Sessions Judge, Bhojpur at Ara in connection with Excise case No.5303 of 2017 arising out o Ara Nawada P.S. case No.347 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T