Pankaj Chowdhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40006 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- MANJHI District- Saran ======================================================

1. Pankaj Chowdhary,

2. Dhela Chowdhary, Both S/o Dharmnath Chowdhary,

3. Mantu Chowdhary @ Mantu Kumar, S/o Bhagwan Chowdhary,

4. Jumma Baitha, S/o Kallu Baitha, All R/o Village- Ghorhat, P.S.- Manjhi, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bishwajeet Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 30, 30(a), 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 42 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioner No.1, 3 and 4 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 disclosure of co-accused Ramjee Bind. Except for this, there is

Patna High Court Cr.Misc. No.40006 of 2018(2) dt.13-07-2018 2/2 no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 42 liters wine is recovered from the bank of the river. 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) with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judge, Saran in connection with Manjhi P.S. case No.127 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T