Rakesh Singh @ Rakesh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16307 of 2018 Arising Out of PS. Case No.-157 Year-2017 Thana- KAHAIYA District- Muzaffarpur ======================================================

1. Rakesh Singh @ Rakesh Kumar Singh, Son of Bhagwan Singh, Resident of Village- Dora Chhapra, P.S.- Kathaiya, DistrictMuzaffarpur, Bihar.

2. Harimohan Singh, Son of Late Gangotri Prasad Singh, Resident of Village- Navalpur Godwara, P.S.-Kathaiya, DistrictMuzaffarpur, Bihar. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. MRITUNJAY KUMAR NIRALA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 414, 307, 511, 34 of the Indian Penal Code and Sections 30(A), 32(II) and 38(II) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 270 liters wine is 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 the petitioners. The names of the petitioners have transpired on the basis of disclosure made by the co-accused namely Manish

Patna High Court Cr.Misc. No.16307 of 2018(2) dt.22-03-2018 2/2 Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 270 liters wine is recovered from the car in question. 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./complaint case. 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, Muzaffarpur in connection with Kathaiya P.S. Case No. 157/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T