Tuntun Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56160 of 2017 Arising Out of PS. Case No.-212 Year-2017 Thana- CHAURADANO District- East Champaran ======================================================

1. Tuntun Paswan, S/o Kaul Paswan,

2. Nawal Rai S/o Rajendra Rai, Both R/o Village- Akdari, P.S.- Chhauradano, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

SMT. RITA VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 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, 273/34 of the I.P.C. and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is that 135 liters wine is recovered from the bank of the river.

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 basis of confessional statement of co-accused made before police as per F.I.R. Except for this, there is no other substantive evidence to

Patna High Court Cr.Misc. No.56160 of 2017(2) dt.12-12-2017 2/2 suggest the implication of the petitioners in this case. It is alleged that 135 liters wine is recovered in abandoned stage from the bank of a river. 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) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Chhauradano P.S. case No.212 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T