Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52047 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- OBRA District- Aurangabad ====================================================== 1.

ANKIT KUMAR SON OF AMRENDRA SINGH @ GIRJA SINGH RESIDENT OF VILLAGE - BHARUB, P. S. - OBRA DIST.- AURANGABAD 2.

PANKAJ KUMAR SON OF AMRENDRA SINGH @ GIRJA SINGH RESIDENT OF VILLAGE- BHARUB, P.S- OBRA, DISTAURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar No.6 For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 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 a case registered for the offence under Sectios-30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 50.9 liters wine and 189 empty bottles are 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 50.9 liters wine is

Patna High Court CR. MISC. No.52047 of 2021(2) dt.22-11-2021 2/2 recovered from house of co-accused and 189 empty bottles are also seized. The names of the petitioners have transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. 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, Aurarngabad in connection with Obra P.S. Case No. 118 of 2021, 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