Ramchandra Mahto @ Ram Chandra Mahto @ Ramchandra Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43533 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== Ramchandra Mahto @ Ram Chandra Mahto @ Ramchandra Mahato, S/o Ram Charitra Mahto, R/o Village- Garhpura Kahtari, P.S.- Garhpura, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amit Narayan, Mrs. Nirmala Kumari For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 14.1 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 as the alleged recovery is made from the straw house belonging to joint family of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner

Patna High Court Cr.Misc. No.43533 of 2018(2) dt.19-07-2018 2/2 in this case. It is alleged that 14.1 liters wine is recovered from the straw house belonging to joint family of 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./complaint case. 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 Sri Anil Kumar Sinha, Additional District & Sessions Judge-II-cum- Special Judge, Begusarai in connection with Garhpura P.S. Case No. 40/2018 (G.R. No. 1623 of 2018 ), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T