Awadh Sah @ Awadh Kishore @ Awadh Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51552 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== Awadh Sah @ Awadh Kishore @ Awadh Kishore Sah S/o Nagendra Sah, resident of Village- Hariharpur, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273, 279, 337, 338, 414 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 14 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 namely Rahul Kumar. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.51552 of 2018(2) dt.26-09-2018 2/2 the implication of the petitioner in this case. It is alleged that 14 liters wine is recovered from co-accused Rahul Kumar. 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 A.D.J.-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Pupri P.S. Case No. 292 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T