Satyendra Kumar @ Satyendra Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7659 of 2018 Arising Out of PS. Case No.-280 Year-2017 Thana- BARHARIA District- Siwan ====================================================== Satyendra Kumar @ Satyendra Giri S/o Dharmnath Giri, R/o VillageBabuhata, P.S.- Barharia, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

SMT. GULNAR BEGAM ====================================================== 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, 308/34 of the Indian Penal Code and Sections 35(A), 35(B), 36 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 93.6 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 the field adjoining to the house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.7659 of 2018(2) dt.09-02-2018 2/2 petitioner in this case. It is alleged that 93.6 liters wine is recovered from the open field by the side of the house of the petitioner. The open field 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 in connection with Barharia P.S. Case No. 280 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