Anish Kumar Yadav @ Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40034 of 2018 Arising Out of PS. Case No.-544 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Anish Kumar Yadav @ Anish Kumar Son of Late Ramu Yadav resident of Village- Kahra Ward No. 06 P.S. Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 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), 41(i), 38(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 135.060 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 Nageshwar Yadav. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 135.060 liters wine is recovered from the

Patna High Court Cr.Misc. No.40034 of 2018(2) dt.13-07-2018 2/2 Lodge of Nageshwar 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./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 A.D.J. 2nd-cumSpecial Judge, Excise, Saharsa in connection with Special case No.255 of 2018 arising out of Saharsa Sadar P.S. case No.544 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T