Arun Tatwa @ Arun Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47446 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- MANJHI District- Saran ======================================================

1. Arun Tatwa @ Arun Kumar & Anr S/o Dharam Nath Prasad

2. Saheb Tatwa @ Sanjay Sah S/o Dharam Nath Prasad, Both are resident of Mohalla- Mouna, P.S. Chapra Town, District Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2018 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/ 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 7272 liters wine is recovered.

It has been submitted on behalf of the petitioners that 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 Vaibhav Pal Singh and Angrej Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that

Patna High Court Cr.Misc. No.47446 of 2018(2) dt.03-08-2018 2/2 7272 liters wine is recovered from the truck. The truck 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 A.D.J. 6th, Saran at Chapra in connection with Manjhi P.S. case No.153 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