Vikash Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20149 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- HARNAUT District- Nalanda ======================================================

1. Vikash Kumar, S/o Dinesh Singh, R/o village- Dak Bangla Road Harnaut, P.S.- Harnaut, District- Nalanda.

2. Ravi Kumar S/o Dharmraj Prasad , R/o Village- Babanbigha Sabnahua, P.S.- Harnaut, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 290/34 of the I.P.C. and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 30 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners 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 basis of disclosure made by the local residents as per F.I.R. The name of local residents, who have named the petitioner, has not been

Patna High Court Cr.Misc. No.20149 of 2018(2) dt.06-04-2018 2/2 disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 30 liters wine is recovered from the house of Dhananjay Kumar. 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) each with two sureties of the like amount each to the satisfaction of learned 6th Additional District and Session Judge-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Harnaut P.S. case No.41 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