Patna High CourtCR. MISC./74526/2018bail granted

Babunand Singh And ORS v. The State Of Bihar

2018-12-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74526 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- MANJHAGARH District- Gopalganj ======================================================

1. Babunand Singh S/o Late Mokhatar Singh.

2. Mantu Singh S/o Late Prabhu Singh

3. Ravi Singh S/o Dabunand Singh

4. Vishal Singh S/o Awadh Singh All are resident of Chhotka Dhama Pakar, P.S.- Manjhagardh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 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), 36, 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 19.800 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 disclosure made by the local Chaukidar as per F.I.R. Except for

Patna High Court Cr.Misc. No.74526 of 2018(3) dt.19-12-2018 2/2 this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 19.800 liters wine is recovered from the field situated at the back of the house of petitioner No.1. 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 IInd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Manjagardh P.S. case No.292 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