Pappu Thakur @ Sudhanshu Shekhar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36123 of 2020 Arising Out of PS. Case No.-31 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

Pappu Thakur @ Sudhanshu Shekhar Thakur Son of late Chandra Mohan Thakur @ late Radhe Thakur Resident of village - Tardih, P.S.- Amarpur, District- Banka.

2.

Dhappu Thakur @ Prakanshu Shekhar Thakur @ Binod Thakur Son of late Chandra Mohan Thakur @ late Radhe Thakur Resident of village - Tardih, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhotelal Mishra For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

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 158.625 liters wine is recovered.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.36123 of 2020(2) dt.26-03-2021 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 158.625 liters wine is recovered from an open field in abandoned state. 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) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Banka in connection with Complaint Case No. 31 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