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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17334 of 2018 Arising Out of PS.Case No. -292 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================

1. Anil Kumar Sah @ Anil Sah, Son of Bhola Sah, Resident of VillageHaripur, Ward No.18, P.S.- Jogbani, District- Araria, Bihar.

2. Chandan Kumar Sah, Son of Dular Chandra Sah, Resident of VillageWard No.02, Palasi, Parasi, P.O.- Chakradah, P.S.- Araria, District- Araria, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section-273/34 of the Indian Penal Code and Sections-30(a)38(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 135 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 on the basis of disclosure

Patna High Court Cr.Misc. No.17334 of 2018 (2) dt.28-03-2018 made by the co-accused, namely, Dileep Kumar, Chandan Kumar and Mukesh Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 135 liters wine is recovered from the car, in question. The car does not belong to the petitioners. 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 Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 292 of 2017 and Spl. Case No. 2681 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