Jainaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18788 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- SIKTI District- Araria ====================================================== 1.

Jainaf WIFE OF KINNA Village- Barudah Police Station- Sikti District -Araria 2.

JAFARUL SON OF KINNA Village- Barudah Police Station- Sikti District -Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a) and 45 of Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 27 litres of liquor from the house of Wasim. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a house, which does not belong to the petitioner and they came to be implicated merely

Patna High Court CR. MISC. No.18788 of 2024(2) dt.20-03-2024 2/2 for the reason that they are related to Wasim though they do not stay in the house from where the alleged recovery was made, which amply demonstrates that how police in mechanical manner implicates. It is next submitted that the petitioners came to be implicated based on secret information, which is the easiest way to implicate someone.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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.500/- (Rupees five hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sikti P.S. Case No.266/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T