Jangali Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12682 of 2018 Arising Out of PS. Case No.-323 Year-2017 Thana- MADHUBAN District- East Champaran ======================================================
1. Jangali Mahto, S/o Dhupa Mahto,
2. Madan Rai @ Madan Ray S/o Jamadar Ray, Both R/o VillageRupani , P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar For the Opposite Party/s :
SRI RAM SEVAK CHOUDHARY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 188 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that total 3 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 recovery made from the joint house of the petitioner where the other family members also reside. Except for this,
Patna High Court Cr.Misc. No.12682 of 2018(2) dt.12-03-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that total 3 liters wine is recovered from 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 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 Special Judge, Excise Act, Motihari, East Champaran in connection with Madhuban P.S. Case No. 323 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T