Rajesh Yadav @ Rajesh Kumar Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48325 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -GADHPURA District- BEGUSARAI ====================================================== Rajesh Yadav @ Rajesh Kumar Ranjan, son of Biadnath Yadav, resident of Village- Garhi (Gajpatti Bishunpur), P.S. Hasanpur, District Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhubneshwar Prasad For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 364A, 353, 333, 379, 224/34 of the Indian Penal Code and Sections-30(A), 32, 41(i) 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 in this case as one of the cars in question belongs to the petitioner. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.48325 of 2018 (3) dt.26-09-2018 implication of the petitioner in this case. It is alleged that 9 liters wine is recovered from one car and one motorcycle in question. There is no recovery of liquor from the car belonging 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.

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 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Begusarai in connection with Garhpura P.S. Case No. 58 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T