Babu Saheb Mahto @ Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47431 of 2018 Arising Out of PS. Case No.-189 Year-2017 Thana- AMNAUR District- Saran ====================================================== Babu Saheb Mahto @ Babu Sah, S/o Ranjeet Mahto, Resident of VillageKishonpur, P.S.- Bheldi, Dist- Saran (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prabhakar Singh For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 188, 272, 273, 420, 120B of the I.P.C. and Sections 30/30(a),38/41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 2662 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 Rajendra Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2662 liters wine is recovered from

Patna High Court Cr.Misc. No.47431 of 2018(2) dt.03-08-2018 2/2 the truck. The truck in question 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 Additional Sessions Judge VI, Saran in connection with Amnour P.S. case No.189 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