Nandlal Mahto @ Nandlal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35826 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

NANDLAL MAHTO @ NANDLAL CHAUDHARY Son of Motilal Chaudhary Resident of Village - Khorhipakar, P.S.- Harsidhi, District - East Champaran 2.

Lal Bahadur Mahto @ Lal Bahadur Chaudhary Son of Laxmi Chaudhary Resident of Village - Khorhipakar, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

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

The petitioners are apprehending their arrest in a case registered under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 45 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.35826 of 2021(2) dt.06-10-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The names of the petitioners have transpired as the recovery is made from behind the joint house of the petitioners where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 45 liters wine is recovered from behind the joint house 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 twelve 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, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 64 of 2021, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.35826 of 2021(2) dt.06-10-2021 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T