Lalit Kumar @ Lalit Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42881 of 2018 Arising Out of PS. Case No.-614 Year-2017 Thana- MASAURHI District- Patna ====================================================== Lalit Kumar @ Lalit Prasad, S/o Late Ram Deep Yadav, Resident of VillageRewan, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lallu Prasad For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 46.100 liters wine is recovered.

It has been submitted on behalf of the petitioner that 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 Binay Prasad and Rakesh Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 46.100 liters wine is recovered from co-accused Binay Prasad and Rakesh Kumar.

Patna High Court Cr.Misc. No.42881 of 2018(2) dt.24-07-2018 2/2 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 Spl. Judge, Excise, Patna in connection with Masaurhi P.S. case No.614 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