Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57001 of 2018 Arising Out of PS.Case No. -877 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================

1. Sudhir Yadav S/o Shri Deo Krishna Yadav, R/o vill.- Galia Okar, P.S.- Pipra, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 225 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 petitioner is alleged to have been identified by the police party. The petitioner is not known to the police party nor the police party is known to the petitioner. Hence, the identification made by the police party itself is doubtful. Except for this, there is no other

Patna High Court Cr.Misc. No.57001 of 2018 (2) dt.27-09-2018 substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 225 liters wine is recovered from the car in question. The car, 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.

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 2nd Additional Sessions Judgecum-Special Judge, Excise, Supaul/Incharge Successor Court in connection with P.R. No. 54 of 2017/Misc. Excise No. 877 of 2017, 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