Shiv Shankar Chaudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29866 of 2018 Arising Out of PS. Case No.-379 Year-2017 Thana- NOKHA District- Rohtas ======================================================
1. Shiv Shankar Chaudhary, S/o Late Ram Gahan Choudhary, R/o Vill.- Lalganj, Isri Tola, P.S.- Nokha, District- Rohtas at Sasaram,
2. Akhileshwar Kumar @ Aanjan Kumar,
3. Chandan Kumar @ Chitranjan Kumar Both are Son of Shiv Kumar Chaudhary, R/o Vill.- Lalganj, Isri Tola, P.S.- Nokha, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar Singh For the Opposite Party/s :
Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2018 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 8 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 name of the petitioners has come on the disclosure of co-accused Tetari Devi. Except for this, there is no
Patna High Court Cr.Misc. No.29866 of 2018(2) dt.14-05-2018 2/2 other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 8 liters wine is recovered from the front of the 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) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge IInd-cum-Special Judge Excise, Rohtas at Sasaram in connection with Nokha P.S. case No.379 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/- (Sudhir Singh, J) U T