Janki Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58955 of 2017 Arising Out of PS. Case No.-264 Year-2017 Thana- MADANPURA District- Aurangabad ======================================================

1. Janki Choudhary, S/o Late Raghunandan Choudhary,

2. Binod Bhuiyan, S/o Late Mahesh Bhuiyan, Both resident of Village- Belwan, P.S.- Madanpur, Distt- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Ranjit Kumar, Adv.

For the State :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2017 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)/30(d)/38 of the Bihar Prohibition and Excise Act, 2016.

Allegation is that 5 liters wine is recovered from the joint house of the petitioners.

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 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.

Patna High Court Cr.Misc. No.58955 of 2017(2) dt.13-12-2017 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 5 liters wine is recovered from the 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, 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 VII-cum-Special Judge, Aurangabad in connection with Madanpur P.S. case No.264 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T