Harish Chandra Singh @ Hari Chandra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42718 of 2018 Arising Out of PS. Case No.-258 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ======================================================

1. Harish Chandra Singh @ Hari Chandra Singh, Son of Vishun Dev Singh,

2. Bablu Kumar, S/o Banshi Prasad Singh @ Banshi Singh. Both resident of Village- Fatehpur, Police Station- Musarigharari, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2018 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, 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1585 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioner 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

Patna High Court Cr.Misc. No.42718 of 2018(3) dt.31-07-2018 2/2 substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 1585 liters wine is recovered from the truck in question. The truck in question does not belong to the petitioner. 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./complaint case.

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 -VI-cum- Special Judge, Excise, Samastipur in connection with Samastipur Mufassil P.S. Case No. 258 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T