Patna High CourtCR. MISC./52266/2016bail granted

Raju Tiwari And ANR v. The State Of Bihar

2016-12-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52266 of 2016 Arising Out of PS.Case No. -218 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Raju Tiwari son of Shyam Bihari Tiwari,

2. Bashisth Tiwari @ Bashish Tiwari son of Shyam Bihari Tiwari, Both resident of Village- Hatta, P.S.- Chainpur, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 47(a) of the Excise Act. Allegation is that 3 liters of foreign wine was recovered from the betel shop of the petitioners.

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. It is alleged that 3 liters of foreign wine is said to have been recovered. 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.

Patna High Court Cr.Misc. No.52266 of 2016 (2) dt.07-12-2016 2/2 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 Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. case No.218 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T