Jitendra Kumar @ Bhui Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6920 of 2018 Arising Out of PS. Case No.-395 Year-2017 Thana- GAYA KOTWALI District- Gaya ====================================================== Jitendra Kumar @ Bhui Saw S/o Dhirendra Kumar, R/o Mohalla- Bangla Asthan, P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Mojibur Rahman For the Opposite Party/s :

Mr. RAJENDRA PRASAD NAT ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 80 liters wine is 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 transpired on the basis of disclosure made by the local residents. The name of local residents, who have named the petitioner, has not been disclosed by the prosecution. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.6920 of 2018(2) dt.07-02-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 80 liters mahua wine is recovered from the abandoned room which is alleged by the prosecution to be of co-accused namely Pongwa. 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 Special Judge, Excise, Gaya in connection with Kotwali P.S. Case No. 395 of 2017 (G.R. No. 5581 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T