Bikrama Mahto @ Bikram Mahto @ Bikrama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66189 of 2018 Arising Out of PS. Case No.-144 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Bikrama Mahto @ Bikram Mahto @ Bikrama Singh son of Nagina Mahato, resident of Mohalla Nabiganj, P.S. Bhagwan Bazar, District Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 35.200 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the tempo in question belongs to the petitioner. Same is run by the driver of the petitioner as pubic carrier. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.66189 of 2018(2) dt.30-10-2018 2/2 petitioner in this case. It is alleged that 35.200 liters wine is recovered from the tempo 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.

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 6th A.D.J., Saran, Chapra in connection with Bhagwan Bazar P.S. case No.144 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T