Dhiraj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64255 of 2018 ====================================================== Dhiraj Kumar Yadav, S/o Kishun Yadav, Resident of Village-Bhelava Madanpur, P.S. Sono, District-Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-341, 323, 385, 504, 506, 272 & 273 of the Indian Penal Code and Section-30(a)(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that one litre 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 in this case as the car in question belongs to the petitioner. The petitioner has been falsely implicated in the present case due to political rivalry. Except for this, there is no other substantive evidence to suggest the

Patna High Court Cr.Misc. No.64255 of 2018 (2) dt.12-10-2018 implication of the petitioner in this case. It is alleged that one litre wine is recovered from the car in question. The car in question is run as a taxi by driver 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.

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 2nd Additional District & Sessions Judge, Jamui in connection with Jhajha P.S. Case No. 333 of 2018, 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