Patna High CourtCR. MISC./11227/2019bail granted

Sanni Kumar And ANR v. The State Of Bihar

2019-02-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11227 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- DESARI District- Vaishali ======================================================

1. Sanni Kumar Son of Suneel Kumar Singh @ Sunil Singh @ Bhalu Singh

2. Mantu Singh @ Balbant Singh @ Balbant Kumar Son of Late Anil Kumar Singh, both Resident of Village - Khokhsa Buzurg, P.S.- Desari, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 144 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired as the alleged recovery is made from the abandoned house belonging to the joint family of the petitioners. Except for this, there is no

Patna High Court Cr.Misc. No.11227 of 2019(2) dt.25-02-2019 2/2 other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 144 liters wine is recovered from the abandoned house of the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners 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 petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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), Vaishali at Hajipur in connection with Desari P.S. case No.373 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T