Santosh Kumar @ Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72457 of 2018 Arising Out of PS. Case No.-412 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Santosh Kumar @ Santosh Kumar Yadav, S/o Rajdeo Yadav, Resident of Village-Bagwatri Kuaach, P.S. Jaynagar, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 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, 414, 34 of the IPC and Section-30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 102 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 in this case as one of the motorcycles in question belongs to the petitioner. The same was given by the petitioner to the villager for his personal use. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.72457 of 2018(2) dt.05-12-2018 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 102 liters wine is recovered from three different motorcycles. The car 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Jainagar P.S. Case No. 412 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