Dharmendra Yadav @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55785 of 2018 Arising Out of PS.Case No. -119 Year- 2018 Thana -BUXAR District- BUXAR ====================================================== Dharmendra Yadav @ Dharmendra Kumar Son of Nand Kishore Singh, resident of Village- Budhanpurwa, P.S. Buxar (Town), District- Buxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 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), 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 11.42 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 transpired on the basis of disclosure made by the co-accused Kishun Yadav. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 11.42

Patna High Court Cr.Misc. No.55785 of 2018 (2) dt.07-09-2018 liters wine is recovered from three different places which includes two cars. One of the cars is alleged to be of the petitioner but the petitioner denies the ownership of the car bearing Registration No. WB-2R-3311. 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 A.D.J-II-cum-Special Judge, Excise Act, Buxar in connection with Buxar (Town) P.S. Case No. 119 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