Santosh Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6662 of 2018 Arising Out of PS. Case No.-174 Year-2017 Thana- SIKTA District- West Champaran ======================================================

1. Santosh Thakur, S/o-Babulal Thakur,

2. Dharmendra Thakur, S/o-Fulena Thakur, Both R/o-VillageGurgujwa Pokhara, Sikta, P.S.-Sikta, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. PARMANAND PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Counsel for the petitioners seeks permission to withdraw the present application so far petitioner No.2 is concerned. Permission is accorded.

The application on behalf of petitioner No.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner No.1 and learned APP for the State.

The petitioner No.1 is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 306 liters wine is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.6662 of 2018(2) dt.07-02-2018 2/3 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 306 liters wine is recovered from the side of field in abandoned stage. The land in question does not belong to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner 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 petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No.1, 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, Bettiah, West Champaran in connection with Sikta P.S.

Patna High Court Cr.Misc. No.6662 of 2018(2) dt.07-02-2018 3/3 case No.174 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T