Sonu @ Ashish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36735 of 2018 Arising Out of PS.Case No. -87 Year- 2018 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Sonu @ Ashish Kumar, S/o Keshav Prasad Singh, R/o Vill.- Mangla Bazar, P.S.- Basnahi, District- Saharsa.

2. Pramod Singh S/o Gaina Prasad Singh, Both Residents of Vill.- Alam Nagar, P.S.- Alam Nagar, District- Madhepura......... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party : Mr. Anuj Kumar Srivastava, APP, 79 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 149, 341, 323, 307, 224, 225, 333, 353, 332 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 750 MLwine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioner no.1 has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 750 ML wine is recovered from the motorcycle in question. The motorcycle in question does not belong to the petitioners. The name of the

Patna High Court Cr.Misc. No.36735 of 2018 (3) dt.10-07-2018 2/2 petitioners has come on the basis of secret information as per F.I.R. The source and genuineness of secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. 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 or 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 the learned A.D.J-II, Special Judge, Excise Act, Madhepura, in connection with Alam Nagar P.S. Case No. 87 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T