Kakulti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26658 of 2018 Arising Out of PS. Case No.-185 Year-2017 Thana- LAUKHA District- Madhubani ====================================================== Kakulti Devi W/o Ram Kumar Yadav, R/o Vill.- Malin Belha, P.S.- Lalmaniyan, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2018 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 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 110.7 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-accuseds namely Ram Kumar Yadav, Vishnu Deo Yadav, Brahmdeo Yadav and Kamlesh Yadav. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.26658 of 2018(2) dt.01-05-2018 2/2 suggest the implication of the petitioner in this case. It is alleged that 110.7 liters wine is recovered by the side of the road in an abandoned state. 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 Additional District & Sessions Judge, 2nd-cum- Special Judge, Excise Act, Madhubani in connection with Laukaha (Lalmaniyan) P.S. Case No. 185 of 2017 (corresponding to G.R. No. 440/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T