Anand Kumar @ Raja And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61314 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- UJIYARPUR District- Samastipur ======================================================

1. Anand Kumar @ Raja, s/o- Rambilash Sah, r/o- Barhanda, P.S.- Ujiyarpur, District- Samastipur.

2. Prem Kumar Sah, s/o- Nepali Sah, r/o- Barhanda, P.S.- Ujiyarpur, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sandesh Roy For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 47, 30(a), 38(1), 38(2), 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 678.960 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 names of the petitioners have come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.61314 of 2018(2) dt.04-10-2018 2/2 evidence to suggest the implication of the petitioners in this case. It is alleged that 678.960 liters wine is recovered from the abandoned house of one Ram Kumar Rai. 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 3rd Additional Sessions Judge, Samastipur in connection with Ujiyarpur P.S. Case No. 29 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T