Mantu Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33817 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- HISUWA District- Nawada ====================================================== 1.

Mantu Mushar S/O Krishna Manjhi Resident Of Village-Kahriya, Ps Hisua, District Nawada 2.

Pappu Kumar S/O Gaya Yadav R/O Village-Kaithir Chakpar, P.S.-HISUA, District-Nawada.

3.

Shailendra Yadav S/O Bharamdeo Yadav R/O Village-Mahua, P.S.-HISUA, District-Nawada.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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 10 liters wine is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.33817 of 2021(2) dt.10-09-2021 2/3 they 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 the local Chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 10 liters wine is recovered from the bhatti in question. 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, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Additional District & Sessions Judge -III-cum- Special Judge, Nawada in connection with Hisua P.S. Case No. 29/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each

Patna High Court CR. MISC. No.33817 of 2021(2) dt.10-09-2021 3/3 with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T