Ram Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59765 of 2018 Arising Out of PS. Case No.-191 Year-2018 Thana- VAISHALI District- Vaishali ======================================================

1. Ram Kumar son of Kameshwar Singh.

2. Kameshwar Singh @ Kameshwar Prasad Singh son of Jay Narayan Singh. Both resident of Village- Chakram Das, P.S. Vaishali, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 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(A), 32(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1610.280 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired as the motorcycle of the petitioners was parked by the side of the Anganwari centre. There is no recovery of liquor from the

Patna High Court Cr.Misc. No.59765 of 2018(2) dt.27-09-2018 2/2 motorcycle in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 1610.280 liters wine is recovered from the Anganwari centre. 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 2nd Addl. Sessions Judge/Special Judge, Vaishali at Hajipur in connection with Vaishali P.S. case No.191 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T