Anna @ Suraj Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49420 of 2018 Arising Out of PS. Case No.-325 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Anna @ Suraj Saw son of Ganesh Saw resident of Mohalla Gandhi Nagar, Sabji Bagan Road, P.S. Dhansar, District Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273, 120B of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 891 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 on the basis of disclosure made by the co-accuseds namely Vinod Kumar Choudhary and Uday Kumar Singh. Except for this, there is no

Patna High Court Cr.Misc. No.49420 of 2018(2) dt.10-08-2018 2/2 other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 891 liters wine is recovered from the pick up van in question. The said pick up van in question does not belong to the petitioner. 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/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 Special Judge, Excise Act, Gaya in connection with Bodh Gaya P.S. Case No. 325 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.