Babudhan Yadav @ Vyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42049 of 2018 Arising Out of PS.Case No. -6 Year- 2017 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Babudhan Yadav @ Vyas, S/o Lal Mohar Yadav, Resident of VillageAmartha, P.S.- Karakat, District- Rohtas at Sasaram. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Babu Nandan Prasad For the Opposite Party : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 353, 504, 272, 273/34 of the Indian Penal Code and Sections-30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 375 ml. 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 he is alleged to have protested against the arrest of co-accused namely, Chinku Yadav.

Patna High Court Cr.Misc. No.42049 of 2018 (2) dt.17-07-2018 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 375 ml. wine is recovered from a Khalihan. The Khalihan in question does not belong to 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 Sessions Judgecum-Special Judge, Excise, Rohtas at Sasaram in connection with Karakat P.S. Case No. 06 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