Ranjan Choudhary @ Rajan Choudharyand ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42549 of 2018 Arising Out of PS. Case No.-192 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ======================================================

1. Ranjan Choudhary @ Rajan Choudhary

2. Rakesh Kumar. Both the sons of Anugrah Choudhary, resident of Village- Karbandiya, P.S. Sasaram (M), District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(A), 34, 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 160 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 Sonu Kumar. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.42549 of 2018(2) dt.17-07-2018 2/2 petitioners in this case. It is alleged that 160 liters wine is recovered from the tempo. The tempo in question does not belong to 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 IInd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. case No.192 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