Shrawan Kumar Jaiswal @ Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42047 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== SHRAWAN KUMAR JAISWAL @ SHRAWAN KUMAR, S/o Sachita Nand Jaiswal, Resident of Village- Nakta Telari, P.S.- Chenari, DistrictRohtas Bihar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sudha Chandra For the Opposite Party : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 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), 32(3), 35 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 536 litres 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 joint house of the petitioner where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It

Patna High Court Cr.Misc. No.42047 of 2018 (2) dt.17-07-2018 is alleged that total 536 liters wine is recovered. Out of which 216 litres is recovered from the joint family house. 302 litres is recovered by the side of the temple. 70 litres wine is recovered from the car, in question. 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 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Rohtas at Sasaram in connection with Chenari P.S. Case No. 109 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T