Raj Kishore Mahto @ Badka @ Raj Kishore @ Badka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45167 of 2018 Arising Out of PS. Case No.-332 Year-2018 Thana- SONEPUR District- Saran ====================================================== Raj Kishore Mahto @ Badka @ Raj Kishore @ Badka son of Bharat Mahto resident of Village- Barbatta, Police Station- Sonepur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 188, 272, 273/34 of the I.P.C. and Sections 30(a), 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 29 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 name of the petitioner has transpired as the alleged recovery is made from the Bathan and Dalan belonging

Patna High Court Cr.Misc. No.45167 of 2018(2) dt.25-07-2018 2/2 to the joint family property of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 29 liters wine is recovered from the Bathan and Dalan in question. 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 6th A.D.J., Saran at Chapra in connection with Sonepur P.S. case No.332 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