Bishwanath Mahto @ Bishwanath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7706 of 2018 Arising Out of PS. Case No.-198 Year-2017 Thana- DARAUNDHA District- Siwan ====================================================== Bishwanath Mahto @ Bishwanath Prasad S/o Late Balgovind Mahto, @ Balgovind Prasad, R/o Village- Kathuan Sarangpur, P.S.- Daraunda, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Aslam Ansari For the Opposite Party/s :

Mr. SANJAY KUMAR SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 3 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 as the alleged recovery is said to have been made from a hut by the side of the half constructed house of the petitioner. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.7706 of 2018(2) dt.09-02-2018 2/2 implication of the petitioner in this case. It is alleged that 3 liters wine mahua wine is recovered from the hut. The hut in question does not belong 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 Additional Sessions Judge-II, Siwan, District- Siwan in connection with Daraunda P.S. Case No. 198 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