Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59777 of 2017 Arising Out of PS.Case No. -228 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Ajay Yadav S/o Garib Yadav, R/o Village- Samaul, Ward no. 14, Forbesganj, P.S.- Forbesganj, Distt.- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 30 of Bihar Prohibition and Excise Amendment Act, 2016.

The prosecution story, in brief, is that 4.87 litres of liquor is said to have been recovered from the co-accused Rupesh Kumar Bahardar.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of confessional statement of co-accused made before police as per F.I.R. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.59777 of 2017 (2) dt.13-12-2017 2/2 suggest the implication of the petitioner in this case. It is alleged that 4.87 litres of liquor is recovered from co-accused Rupesh Kumar Bahardar. 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 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Forbesganj P.S. Case No.228/2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T