Sunny Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45407 of 2021 Arising Out of PS. Case No.-567 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== SUNNY KUMAR YADAV Son of Pramod Yadav Resident of Village - Darpur, P.S. - Kathaiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Narpatganj P.S. case No.567 of 2020 registered under Sections 30(a)/41 and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 250.200 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.45407 of 2021(2) dt.22-11-2021 2/2 case. It is alleged that 250.200 liters wine is recovered from the ambulance. The petitioner is the owner of the said ambulance. The petitioner had no knowledge regarding the nature of goods kept in the ambulance. Said ambulance is run on rent basis. Nothing incriminating has been recovered from the conscious possession of the petitioner. 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 complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Araria in connection with Narpatganj P.S. case No.567/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T