Rajdeep Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64242 of 2018 ======================================================

1. Rajdeep Singh, S/O Umesh Singh, R/V- Kulhariya, P.S. Buxar (M), District-Buxar.

2. Raju Yadav, S/O Jay Narayan Singh, R/V- Baruna, P.S. Buxar (M), District-Buxar.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Binod Kumar Pandey, Advocate. For the Opposite Party : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 3767.04 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 3767.04 liters wine is recovered from the Truck in question. The Truck in question does not belong to the petitioners. The name of the petitioners has come on the basis of disclosure made by co-accused Hareram Yadav. Except

Patna High Court Cr.Misc. No.64242 of 2018 (2) dt.12-10-2018 2/2 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 A.D.J.-II-cumSpecial Judge, Excise Act, Buxar, in connection with Rajpur P.S. Case No. 115 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