Ganesh Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54249 of 2017 Arising Out of PS.Case No. -242 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ganesh Sah

2. Basudeo Sah Both are sons of Ram Darshan Sah resident of Village Siswa Patna, P.S. Keshariya, District - East Champaran at Motihari. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Arun For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 272, 273, 290 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 16.8 litres of liquor is said to have been 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 confession of co-accused made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that

Patna High Court Cr.Misc. No.54249 of 2017 (2) dt.11-12-2017 2/2 total 16.8 litres of liquor is recovered. 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 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Kessariya P.S. Case No.242/2017 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), Motihari-cum-7th Additional Sessions Judge, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T