Vinay Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65890 of 2018 Arising Out of PS.Case No. -376 Year- 2018 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vinay Jaiswal, S/o Umesh Jaiswal, R/o Village- Kailash Nagar, P.S.- Bagaha (Patkhauli), District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Mohan Tripathi For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 264 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-villagers. The name of co-villagers has not been disclosed by the prosecution. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.65890 of 2018 (3) dt.19-11-2018 evidence to suggest the implication of the petitioner in this case. It is alleged that 264 liters wine is recovered from the bush situated by the side of railway pond. 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 Special Judge, Excise, Bettiah, West Champaran in connection with Bagaha Patkhauli P.S. Case No. 376 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