Nanhak Yadav @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58145 of 2018 Arising Out of PS. Case No.-246 Year-2017 Thana- RAMPUR District- Gaya ====================================================== Nanhak Yadav @ Dharmendra Yadav, Son of Nankuli Yadav, Resident of Mohalla- Rampur, Near Binda Lodge, P.S.- Rampur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== 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 720 ml. 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-accused namely Rakesh Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that

Patna High Court Cr.Misc. No.58145 of 2018(2) dt.27-09-2018 2/2 720 ml. wine is recovered from co-accused Rakesh Kumar. 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 Rampur P.S. Case No. 246/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T