Pankaj Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46889 of 2018 Arising Out of PS.Case No. -153 Year- 2018 Thana -MANJHI District- SARAN ======================================================

1. Pankaj Singh, S/O Ram Naresh Singh, R/V- Darihara Bhual, P.S. Dariyapur, District-Saran.

2. Bhim Singh @ Upendra Singh, S/O Bir Bahadur Singh, R/V- Balkunda, P.S. Jalalpur, District-Saran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Gajendra Kumar Singh, Advocate. For the Opposite Party : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 188, 420 of the IPC, 30, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 7772 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 7772 liters wine is recovered from two Trucks. None of the Trucks belongs to the petitioners. The name of the petitioners has come in

Patna High Court Cr.Misc. No.46889 of 2018 (2) dt.01-08-2018 2/2 the present case on the basis of disclosure made by co-accused Baibhav Pal Singh and Angrej Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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 or 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 the learned 6th Additional Sessions Judge, 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. U.K./- (Sudhir Singh, J) U T