Bhim Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36157 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- MANJHI District- Saran ======================================================

1. Bhim Singh, S/o Bir Bahadur Singh, R/o Village- Baikunda, P.S.- Jalalpur, District- Saran.

2. Pankaj Singh, S/o Ram Naresh Singh, R/o Village- Darihara Saraiya, P.S.- Dariyapur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2018 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, 420 of the I.P.C. and Sections 30, 30(a), 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 10080 liters wine is recovered.

It has been submitted on behalf of the petitioner that 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 Satish Saroha. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.36157 of 2018(3) dt.06-07-2018 2/2 petitioners in this case. It is alleged that 10080 liters wine is recovered from a truck in question. 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 6th Additional Sessions Judge, Saran at Chapra in connection with Manjhi P.S. case No.89 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T