Aman Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58517 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Aman Rai, S/o Dewendra Rai,

2. Aman Singh S/o Late Dina Nath Singh, Both are R/o village- Sher, P.S.- Sidhwalia, District- Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 6.33 litres of wine is said to have been recovered.

It has been submitted on behalf of the petitioners that 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 the 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

Patna High Court Cr.Misc. No.58517 of 2017 (2) dt.12-12-2017 2/2 evidence to suggest the implication of the petitioners in this case. It is alleged that 6.33 litres of wine is recovered from the Maruti car. 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 has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Sidhwalia P.S. Case No. 103/2017 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-II, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T