Pramod Thakur @ Pramod Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58427 of 2017 Arising Out of PS.Case No. -338 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Pramod Thakur @ Pramod Sharma, S/o Ramvriksha Thakur, resident of Village- Daud Chhapra, P.S. Minapur, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 272, 273 of the Indian Penal Code and 30(A), 38, 41 and 48 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 15.75 litres of wine is said to have been 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 come on the basis of confession of coaccused. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.58427 of 2017 (2) dt.12-12-2017 2/2 suggest the implication of the petitioner in this case. It is alleged that 15.75 litres of wine is recovered from the abandoned house of 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 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Minapur P.S. Case No. 338/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise Act), Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T