Shanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18204 of 2018 Arising Out of PS.Case No. -190 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Shanti Devi, Wife of Late Rajendra Bhuiyan,

2. Yogendra Bhuiyan, Son of Fakirchadra Bhuiyan, Both are Resident of Village-Mudila, P.s. Kutumba, District-Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 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(a) & 38(ii) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 19 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 names of the petitioners have transpired as the alleged recovery is said to have been made from joint house of the petitioners where other family members also reside. Except for this, there is no other

Patna High Court Cr.Misc. No.18204 of 2018 (2) dt.30-03-2018 substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 13 litres and 6 liters wine is recovered from joint house of the petitioner Nos. 1 & 2 respectively. 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 Sessions Judge-VII-cum-Special Judge, (Excise), Aurangabad in connection with Kutumba P.S. Case No. 190 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T