Mukesh Kumar Sah @ Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32906 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Mukesh Kumar Sah @ Mukesh Sah S/o Shri Suresh Sah, R/o Ward No. 14, Latauna North, P.O. + P.S.- Trivniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 252 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the disclosure of co-accused Vijay Kumar Bhagat. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 252 liters wine is recovered from the car. The car in question does not belong to

Patna High Court Cr.Misc. No.32906 of 2018(3) dt.18-06-2018 2/2 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. Other co-accused has been granted anticipatory bail vide Cr.Misc.No.28891 of 2018. 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 2nd-cum-Special Judge (Excise), Supaul in connection with S.T. (Excise) case No.302 of 2018 arising out of Triveniganj P.S. case No.132 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T