Gop Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17330 of 2018 Arising Out of PS.Case No. -515 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Gop Yadav, son of Laxman Yadav, Resident of Village- Piparahiya, P.S. Ara Mufassil, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2018 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 75 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 Rajan Ram and Lal Babu Ram. Except for this, there is no other substantive evidence to suggest the implication of

Patna High Court Cr.Misc. No.17330 of 2018 (2) dt.28-03-2018 the petitioner in this case. It is alleged that 75 liters wine is recovered by the side of the road. 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 4th Additional Sessions Judge, Bhojpur, Ara in connection with Ara Town P.S. Case No. 515 of 2017, Excise Case No. 5484 of 2017, 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