Amit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59552 of 2018 Arising Out of PS. Case No.-535 Year-2018 Thana- KHAGARIA District- Khagaria ======================================================

1. Amit Kumar, S/o Azad Paswan,

2. Shushil Kant Kumar S/o Ram Lal Paswan, Both are R/o Vill.- Parmanandpur, P.S.- Muffasil, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Choudhary For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 139.500 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 name of the petitioners has come on the disclosure of co-accused Rajesh Kumar. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.59552 of 2018(2) dt.27-09-2018 2/2 petitioners in this case. It is alleged that 139.500 liters wine is recovered from vehicle. The vehicle in question does not belong to the petitioner. 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 Addl. Sessions Judge 2nd, Khagaria in connection with Special A.B.A. No.57 of 2018 arising out of Khagaria (Chitragupta Nagar) P.S. case No.535 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