Uma Shankar Singh @ Uma Shankar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48230 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== UMA SHANKAR SINGH @ UMA SHANKAR KUMAR SINGH Son of Bhulla Singh @ Shiv Shankar Singh Resident of Village - Balansher, P.S.- Babubarhi, District - Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 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 I.P.C. and 30(a), 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 721 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 is not named in the F.I.R. His name has come in course of investigation on disclosure made by local residents. The name of the local residents has not been disclosed

Patna High Court CR. MISC. No.48230 of 2019(3) dt.16-11-2019 2/2 by the prosecution. It is alleged that 721 liters wine is recovered. 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Phulparas P.S. case No.249 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T