Patna High CourtCR. MISC./48526/2018bail granted

Lagandeo Rai v. The State Of Bihar

2018-08-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48526 of 2018 Arising Out of PS.Case No. -38 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Lagandeo Rai S/o Late Deo Narain Rai, R/o Vill.- Sukmarpur, P.S.- Raghopur (Rustampur), Distt.- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Soban Asghar For the Opposite Party : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2018 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 Excise Act, 2016. The prosecution case, in short, is that 60 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 as the alleged recovery is said to have been made from abandoned joint hut of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 60 liters

Patna High Court Cr.Misc. No.48526 of 2018 (2) dt.08-08-2018 wine is recovered from abandoned joint hut in question. 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 Additional Sessions Judge-IIndcum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Raghopur (Rustampur) P.S. Case No. 38 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