Patna High CourtCR. MISC./51505/2018bail granted

Surendra Paswan And ANR v. The State Of Bihar

2018-09-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51505 of 2018 Arising Out of PS.Case No. -440 Year- 2017 Thana -TEKARI District- GAYA ======================================================

1. Surendra Paswan,

2. Rambali Paswan, Both S/o Mathura Paswan, resident of VillageChatarghat, P.S. Chakand, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30(a)(c)(and 3⁄4 of Dowry Prohibition Act) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 30 liters wine is recovered.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.51505 of 2018 (3) dt.26-09-2018 the implication of the petitioners in this case. It is alleged that 30 liters wine is recovered from bank of the river. 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 Special Judge, Excise, Gaya in connection with Sherghati (Panchanpur) P.S. Case No. 440 of 2017, 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