Raj Kishore Singh @ Raj Kishore And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60964 of 2017 Arising Out of PS. Case No.-72 Year-2017 Thana- MARANCHI District- Patna ======================================================

1. Raj Kishore Singh @ Raj Kishore son of Ramesh @ Ram Niranjan Singh

2. Gopesh Singh @ Gopesh Kumar son of Baban Singh, Both are residents of village Pachmahalla, P.S. Maranchi (Pachmahalla O.P.) District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dharmendra Kumar For the Opposite Party/s :

Mr. SURESH PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 30A of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 6 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners has 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 Gaurab Kumar made before police as

Patna High Court Cr.Misc. No.60964 of 2017(2) dt.14-12-2017 2/2 per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 6 liters wine is recovered. 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 Additional District and Sessions Judge VIII-cum-Special Judge, Excise, Patna in connection with Maranchi P.S. case No.72 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