Vikash Kumar Singh @ Vikash Kumar @Vikash Singh Andanr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2160 of 2018 Arising Out of PS. Case No.-67 Year-2017 Thana- SONO District- Jamui ======================================================

1. Vikash Kumar Singh @ Vikash Kumar @ Vikash Singh, Son of Shankar Singh,

2. Gaurav Singh @ Goraka, Son of Uma Shankar Singh, Both resident of Village- Gangara, P.S.- Gidhaur, District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prakash Kumar For the Opposite Party/s :

Mr. RAJEEV NAYAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the I.P.C. and Sections 37/41/47/53 of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 63 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioner No.2 has 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 disclosure made by the co-accused as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court Cr.Misc. No.2160 of 2018(2) dt.11-01-2018 2/2 of the petitioners in this case. It is alleged that 63 liters wine is recovered from the car. The car in question does not belong to 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 Chief Judicial Magistrate-I, Jamui in connection with Sono P.S. case No.67 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