Vijay Yadav @ Bijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25545 of 2018 Arising Out of PS. Case No.-1295 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== Vijay Yadav @ Bijay Yadav, son of Yogi Yadav, Residents of Village Dighiya P.S. & District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== 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 37(b), 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 8 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 come on the disclosure of co-accused Chandra Kishore Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 8 liters wine is recovered from the

Patna High Court Cr.Misc. No.25545 of 2018(2) dt.27-04-2018 2/2 gali situated at the back of the house 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. 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 Act)-cum-Additional Sessions Judge II, Saharsa in connection with Special (Excise) case No.589 of 2017 corresponding to Saharsa Sadar P.S. case No.1295 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T