Munna Chauhan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.638 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -NTPC KHAIRA District- AURANGABAD ======================================================
1. Munna Chauhan son of Gopal Chauhan
2. Vijay @ Master Chauhan @Master, Son of Madan Chauhan, Both are resident of Village- Mahuari, P.S.- Nabinagar, District- Aurangabad. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case instituted under Section 30 (a) of Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that 60 litres of wine is said to have been recovered from motorcycle in question. 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 disclosure made by local residents, as per F.I.R. The name of local residents who have named the petitioners has not been
Patna High Court Cr.Misc. No.638 of 2018 (2) dt.09-01-2018 2/2 disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 60 litres of wine is recovered from motorcycle in question. The said motorcycle does not belong to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of section 100 of the Cr.P.C.
On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with N.T.P.C. Khaira P.S. case No.58/2017, 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 Sessions Judge-VIIcum-Special Judge, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T