Kanhaiya Choudhary @ Kanhai Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66240 of 2018 Arising Out of PS. Case No.-318 Year-2018 Thana- SUGAULI District- East Champaran ======================================================

1. Kanhaiya Choudhary @ Kanhai Choudhary, Son of Late Binda Choudhary,

2. Krishna Choudhary Son of Budhan Choudhary, Both resident of Village- Nawadih, P.S.- Sugauli, Dist.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar For the Opposite Party/s :

Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 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.

The prosecution case, in short, is that 10 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 as the alleged recovery is made from the joint houses of the petitioners where the other family members also reside. Except for this,

Patna High Court Cr.Misc. No.66240 of 2018(2) dt.12-12-2018 2/2 there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 5 liters wine each is recovered from the joint houses of the petitioners. 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 7th Additional Sessions Judge -cum- Special Judge, East Champaran at Motihari in connection with Sugauli P.S. Case No. 318 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