Amit Yadav @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56211 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -LAUKAHA District- MADHUBANI ====================================================== AMIT YADAV @ AMIT KUMAR, S/o Deo Narayan Yadav resident of Village - Malin Belha, P.S. - Lalmania, District Madhubani. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Ratanakar Jha, Advocate. For the Opposite Party : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2018 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) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 93 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 93 liters wine is recovered from the field belonging to Ram Awatar Sah. The name of the petitioner has come on the basis of disclosure made by co-accused Jai

Patna High Court Cr.Misc. No.56211 of 2018 (2) dt.26-09-2018 2/2 Kumar Yadav. 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. Other co-accused has been granted bail by this Court vide Cr. Misc. No. 55408 of 2018 dated 06.09.2018. 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 Additional District & Sessions Judge-2nd-cum-Special Judge, Excise Act, Madhubani, in connection with Laukaha (Lalmaniya) P.S. Case No. 109/2018, G.R. No. 617/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K.