Rahul Singh @ Rahul Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15066 of 2018 Arising Out of PS. Case No.-488 Year-2017 Thana- SUPAUL District- Supaul ======================================================

1. Rahul Singh @ Rahul Kumar Singh, s/o- Late Karo Singh @ Late Ramanand Singh, r/o- village Barail, P.S.and District- Supaul

2. Chhotu Mian @ Md. Chhotu Mian, son of Late Akbar, resident of Supaul, Ward No. 20, P.S.and District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. ATUL CHANDRA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 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 6.24 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 names of the petitioners have transpired on the basis of disclosure made by co-accused namely Avinash Kumar. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.15066 of 2018(2) dt.15-03-2018 2/2 the implication of the petitioners in this case. It is alleged that 6.24 liters wine is recovered from the co-accused Avinash Kumar. 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 A.D.J.-IISpecial Judge, Excise, Supaul in connection with S.T. Excise 781/2017 (arising out of Supaul P.S. Case No. 488/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T