Pravesh Yadav @ Ram Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60762 of 2017 Arising Out of PS. Case No.-336 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Pravesh Yadav @ Ram Pravesh Kumar, Son of Jagdish Yadav, Resident of Village- Banguara, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kr. Sinha For the Opposite Party/s :

Mr. MD. ANSARUL HAQUE ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273, 120B of the I.P.C. and Sections 47(a), 48(2), 54, 63 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 112 liters wine is recovered from a car.

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 basis of confessional statement of co-accused Sanjay Yadav made before police as per F.I.R. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.60762 of 2017(2) dt.14-12-2017 2/2 suggest the implication of the petitioner in this case. It is alleged that 112 liters wine is recovered from a car. The said car does not belong to 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 Excise Judge, Gaya in connection with Barachatti P.S. case No.336 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T