Mahendar Singh @ Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25500 of 2018 Arising Out of PS. Case No.-222 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Mahendar Singh @ Shashi Kumar Son of Ram Ishwar Singh R/o Bibipur, Shetatala, P.S. Belsor, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 30(a), 35(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3453.195 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 poultry farm of the petitioner. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.25500 of 2018(2) dt.27-04-2018 2/2 the implication of the petitioner in this case. It is alleged that 3453.195 liters wine is recovered from the poultry farm of 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. Other co-accused has been granted anticipatory bail vide Cr.Misc. No.2115 of 2018. On behalf of the State, it is submitted that the petitioner is named in the complaint case.

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 A.D.J. II-cumSpecial Judge, Excise Act, Vaishali (Hajipur) in connection with Case No. C-2 A222/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T