Vinay Kumar Mahto @ Binay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65439 of 2018 Arising Out of PS. Case No.-294 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Vinay Kumar Mahto @ Binay Kumar Mahto, s/o- Suresh Mahto @ Shures Mahto, r/o- Bherokhada Aoliyapit, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 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 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 9 liters wine is recovered.

It has been submitted on behalf of the petitioner that 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-villagers. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 9 liters wine is recovered from the maize field. The maize field does not belong

Patna High Court Cr.Misc. No.65439 of 2018(2) dt.29-10-2018 2/2 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 3rd Additional Sessions Judge -cum- Special Judge, Samastipur in connection with Tajpur P.S. Case No. 294 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T