Manan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61946 of 2018 Arising Out of PS. Case No.-223 Year-2018 Thana- TARAIYA District- Saran ======================================================

1. Manan Singh S/o Anil Singh,

2. Anil Singh, S/o Sakaldeo Singh, Both R/o Village-Gangoi, P.S.- Isuapur, District-Saran.

3. Arvind Kumar @ Arvind Kumar Rai S/o Subhash rai, R/o Village-Dhama, P.S.-Isuapur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Prakash Shrarma For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 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 30, 30(A), 38, 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 2290 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioner No.3 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 local residents as per F.I.R. The name of local residents, who have named the petitioners, has not been disclosed by the prosecution.

Patna High Court Cr.Misc. No.61946 of 2018(2) dt.04-10-2018 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 2290 liters wine is recovered from a pick up van. The pick up van 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saran in connection with Taraiya P.S. case No.223 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