Rishimuni Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25911 of 2018 Arising Out of PS.Case No. -176 Year- 2017 Thana -KEOTI District- DARBHANGA ======================================================
1. Rishimuni Paswan, S/o Late Suraj Paswan.
2. Anita Devi, W/o Late Shambhu Paswan.
3. Vijay Paswan, S/o Rishimuni Paswan.
4. Guriya Devi, W/o Vijay Paswan.
5. Jyoti Kumari, D/o Late Shambhu Paswan.
6. Punita Devi, W/o Sanjeet Paswan. All are R/o Pitho, P.S.- Keoti, District- Darbhanga.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Iqbal Asif Niazi, Advocate. For the State : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2018 Learned counsel for the petitioners is permitted to make necessary correction in the parentage of petitioner no. 3 of the main bail application, in course of the day. Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 272, 273, 353, 332, 427 of the IPC, 30(a)(d) and 45 of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that total 3.25 liters
Patna High Court Cr.Misc. No.25911 of 2018 (2) dt.30-04-2018 2/3 wine is said to have been recovered.
It has been submitted by learned counsel for the petitioners that the petitioner no. 1 has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 3.25 liters wine is recovered from Mango Orchard of one Yogendra Yadav. The name of the petitioners has come on the basis of disclosure made by local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned Additional Sessions Judge-IV-cum-Special Judge, Darbhanga, in connection with G.O.
Patna High Court Cr.Misc. No.25911 of 2018 (2) dt.30-04-2018 3/3 Case No. 1681/2017, arising out of Keoti P.S. Case No. 176 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T