Patna High CourtCR. MISC./41419/2018bail granted

Guddu Nut @ Md. Guddu Nut And ORS v. The State Of Bihar

2018-07-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41419 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- HUSAINGANJ District- Siwan ======================================================

1. Guddu Nut @ Md. Guddu Nut, Son of Tahir Nut,

2. Laddu Nut, Son of Abid Nut,

3. Mainnudin Hasmi, Son of Nizamuddin Hasmi, All of VillageHarihans Rauza, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 188, 272, 273, 414, 308 of the I.P.C. and Sections 30, 36, 38, 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 155 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 Aeshraj Ali. Except for this, there is no

Patna High Court Cr.Misc. No.41419 of 2018(2) dt.16-07-2018 2/2 other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 155 liters wine is recovered from co-accused Sarafat Nut. 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 Additional Sessions Judge II-cum-Special Judge (Excise), Siwan in connection with Hussainganj P.S. case No.40 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T