Sadanand Yadav @ Sadhu Yadav @ Sadanan Yadav @ Sadane Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56077 of 2018 Arising Out of PS. Case No.-418 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Sadanand Yadav @ Sadhu Yadav @ Sadanan Yadav @ Sadane Yadav S/o late Badri Yadav, resident of village Bhirkhi, ward No.22, P.S. and District Madhepura ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 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 5.600 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 field situate at the back of the house 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.56077 of 2018(2) dt.10-09-2018 2/2 in this case. It is alleged that 5.600 liters wine is recovered from the field in question. 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 learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhepura in connection with Excise case No.418/2018 (102/2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T