Pappu Sah @ Pappu Kumar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27235 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- MANJHI District- Saran ======================================================

1. Pappu Sah @ Pappu Kumar Sah , Son of Late Ram Nath Prasad, Resident of Village- Nagra, Police Station- Khaira, DistrictSaran at Chapra.

2. Bajrangi Singh, Son of Raju Singh, Resident of Village Rawal Tola, Police Station- Chapra Town, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satya Prakash For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 467, 468, 471, 420 of the I.P.C. and Sections 30, 30(a), 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1233 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioner No.1 has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the

Patna High Court Cr.Misc. No.27235 of 2018(2) dt.03-05-2018 2/2 disclosure of co-accused Sawarmal. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1233 liters wine is recovered from the truck. The truck 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, 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 6th Additional District Judge, Saran at Chapra in connection with Manjhi P.S. case No.44 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