Mahesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67407 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- EKANGARSARAI District- Nalanda ======================================================

1. Mahesh Singh, Son of Late Umesh Singh, Resident of VillageErai @ Arai, P/S-Shahjahanpur, District-Patna.

2. Parmannu Singh @ Gabbar Singh, Son of Late Radhey Singh @ Radhey Shyam Singh, Resident of Village-Barsiyawan, Police Station-Telhara, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2018 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 Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 100 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 names of the petitioners have transpired on the basis of disclosure made by the local residents. The names of local residents, who have named the petitioners, have not been disclosed by the prosecution. Except for

Patna High Court Cr.Misc. No.67407 of 2018(2) dt.05-11-2018 2/2 this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 100 liters wine is recovered from the residence of Ram Pravesh @ Babban Kahar. 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 A.D.J.-VI-cum- Special Judge, Excise, Nalanda at Biharsharif in connection with Ekangarsarai P.S. Case No. 177/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T