Manoj Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67978 of 2018 Arising Out of PS.Case No. -446 Year- 2018 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Manoj Sah S/o Musahru Sah

2. Gautam Kumar @ Gautam Sah S/o Manoj Sah

3. Raushan Sah @ Raushan Kumar S/o Manoj Sah

4. Deepak Kumar S/o Surendra Rai All Resident of Village-Papraur,P.S. Barauni (Zeromile O.P.),Distt.-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 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 930 ml. 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 transpired in this case as the alleged recovery is said to have been made from an abandoned shop belonging to the joint family of the petitioners. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.67978 of 2018 (2) dt.19-11-2018 suggest the implication of the petitioners in this case. It is alleged that 930 ml. wine is recovered from an abandoned shop belonging to the joint family of the petitioners. 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) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Begusarai in connection with Barauni P.S. Case No. 446 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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