Ram Pukar @ Rahul Kumar Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47248 of 2018 Arising Out of PS.Case No. -107 Year- 2018 Thana -MAIRWA District- SIWAN ======================================================

1. Ram Pukar @ Rahul Kumar Ram, S/O Jailal Ram.

2. Shila Devi, W/O Jailal Ram. Both R/V- Barka Manjhi, P.S. Mairwa, District-Siwan. ................................................ .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar Varma, Advocate. For the Opposite Party : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 272, 273/34 of the IPC, 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 16.200 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 16.200 liters wine is recovered from open field situated by the side of house of

Patna High Court Cr.Misc. No.47248 of 2018 (2) dt.02-08-2018 2/2 the petitioners. The name of the petitioners has come in the present case on the basis of alleged recovery made from open field situated by the side of house of the petitioners. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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 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.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, in connection with Mairwa P.S. Case No. 107 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T