Rajesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59084 of 2017 Arising Out of PS. Case No.-667 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ======================================================
1. Rajesh Kumar, S/o Ramnath Mandal @ Ramnath Yadav,
2. Rakesh Kumar S/o Ramnath Mandal @ Ramnath Yadav,
3. Ramnath Mandal @ Ramnath Yadav S/o Late Janardan Mandal, All R/o Village- Laxmipur Sait ward No.1, P.S.- Raghopur, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Jha For the Opposite Party/s :
Mr. ARUN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation is that 410 liters wine is recovered from the Mango orchard.
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 the local residents as per F.I.R. The name of
Patna High Court Cr.Misc. No.59084 of 2017(2) dt.13-12-2017 2/2 local residents has not been disclosed by the prosecution who has named the petitioners. It is alleged that 410 liters wine is recovered from the Mango orchard. 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 complaint.
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 Sessions Judge-I, Supaul in connection with Misc. Excise No.667 of 2017 arising out of P.R. No.26 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