Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61610 of 2017 Arising Out of PS.Case No. -3132 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Mahesh Yadav S/o Sri Ramdeo Rai, R/o Mohalla- Mubarakpur, P.S.- Danapur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Shankurum and Mr. Rakesh Mohan Singh, Advocates.

For the Opposite Party : Mr. Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

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

The prosecution story, in brief, is that 210 liters toddy is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that 210 liters toddy is recovered from the vehicle in question. The petitioner has been made accused in the present case as he happens to be the owner of the said vehicle in question which is run as a public career by the driver, namely,

Patna High Court Cr.Misc. No.61610 of 2017 (2) dt.19-12-2017 2/2 Ram Kumar Saw. 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 complaint.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned Additional District & Sessions Judge-VIII-cum-Special Judge, Excise, Patna in connection with Special Case No. 3132 of 2017, arising out of Bahadurpur P.R. Case No. 48 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T