Satish Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43411 of 2018 Arising Out of PS. Case No.-380 Year-2018 Thana- SASARAM NAGAR District- Rohtas ======================================================

1. Satish Mahto, son of Ram Pravesh Mahto @ Ram Pravesh Singh

2. Sanni Paswan @ Shani Paswan, son of Late Upendra Paswan. Both are r/o- village Khaira, P.S.- Darigaon, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 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 14.25 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 names of the petitioners have transpired on the basis of disclosure made by co-accused namely Uma Ram. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.43411 of 2018(2) dt.19-07-2018 2/2 the implication of the petitioners in this case. It is alleged that 14.25 liters wine is recovered from Suresh Ram. 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./complaint case. 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) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge -cum- Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S. Case No. 380 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T