Ajadi Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27750 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ======================================================

1. Ajadi Chaudhary.

2. Kanhaiya Yadav @ Benga Yadav @ Kanhaiya Kumar Yadav, Both are sons of Kashi Yadav, Resident of Village- Srinagar, Siwan, Police Station- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(a), 38(1), 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 4.500 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution.

Patna High Court Cr.Misc. No.27750 of 2018(2) dt.07-05-2018 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 4.500 liters wine is recovered from the the side of the road. 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 Second, Siwan in connection with Siwan Muffasil P.S. case No.142 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