Deepu Pandey @ Deepu Kumar Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48053 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- DUMRAUN District- Buxar ======================================================
1. Deepu Pandey @ Deepu Kumar Pandey, Son of Dwarika Pandey,
2. Raja Ram Yadav, Son of Ram Bilash Yadav, Both resident of Village- Rajdiha, P.S.- Dumraon, District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bachan Jee Ojha For the Opposite Party/s :
Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 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) and 45(i) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 360 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 names of the petitioners have transpired on the basis of disclosure made by co-accused namely Ram Surat Yadav. Except for this, there is no other substantive evidence to
Patna High Court Cr.Misc. No.48053 of 2018(2) dt.07-08-2018 2/2 suggest the implication of the petitioners in this case. It is alleged that 360 liters wine is recovered from three different places. None of the places in question 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./complaint case. 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 A.D.J.-1stcum- Special Judge, Excise Act, Buxar in connection with Dumraon P.S. Case No. 177/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T