Avalesh Yadav @ Navalesh Yadav @ Avalesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55119 of 2018 Arising Out of PS.Case No. -248 Year- 2018 Thana -ATRI District- GAYA ====================================================== Avalesh Yadav @ Navalesh Yadav @ Avalesh Kumar, S/o Arjun Yadav, resident of Village- Phul Bigha, P.S.- Atri, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vinod Kumar, Advocate. For the Opposite Party : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) (d) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 100 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 100 liters wine is recovered from open field in question. The open field in question does not belong to the petitioner. The name of the

Patna High Court Cr.Misc. No.55119 of 2018 (2) dt.05-10-2018 2/2 petitioner has come in the present case on the basis of disclosure made by co-accused Vijay Yadav and Binda Manjhi. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 or 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 the learned Special Judge, Excise, Gaya, in connection with Atri P.S. Case No. 248 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T