Anil Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12532 of 2018 Arising Out of PS. Case No.-193 Year-2017 Thana- ISUAPUR District- Saran ======================================================

1. Anil Singh, Son of Late Sakaldeo Singh.

2. Manan Singh, Son of Anil Singh, Both resident of VillageGangoi, P.S.- Ishuapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. PARMANAND PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 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, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1000 liters wine is recovered.

There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners 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 petitioners

Patna High Court Cr.Misc. No.12532 of 2018(2) dt.09-03-2018 2/2 in this case. It is alleged that 1000 liters wine is recovered from dilapidated house of one Mukesh Singh. 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 Additional District & Sessions Judge, 6th Saran at Chapra in connection with Ishuapur P.S. Case No. 193 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T