Sandeep Kushwaha @ Sandeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42437 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== 1.

SANDEEP KUSHWAHA @ SANDEEP KUMAR SINGH Son of Sri Kameshwar Kushwaha Resident of Village- Marua, P.S.- Dinara, DistrictRohtas. 2.

Vinay Kushwaha Son of Sri Kameshwar Kushwaha Resident of VillageMarua, P.S.- Dinara, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2021 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in Excise Case No. 164 of 2020 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution case, in short, is that 241.920 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 them. They have been falsely implicated in the present case. It is alleged that 241.920 litres wine is

Patna High Court CR. MISC. No.42437 of 2021(2) dt.25-10-2021 2/2 recovered from joint house 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.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Excise Case No. 164 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T