Golu Mahto @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55055 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Golu Mahto @ Raushan Kumar S/o Dashai Mahto resident of village Sherpur Kayasth Tola P.S.Sadar, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nitu Kumari For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 290, 34 of the Indian Penal Code and Section 30(a0 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 7.5 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 on the basis of disclosure made by the co-accused Ajay Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in

Patna High Court Cr.Misc. No.55055 of 2018 (2) dt.05-09-2018 this case. It is alleged that 7.5 liters wine is recovered from Ajay Kumar. 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, Muzaffarpur in connection with Mithanpura P.S. Case No. 233 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