Laghu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60983 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

LAGHU PASWAN Son of Shankar Paswan Resident of Village - Ramnagara, P.S.- Riga, Dist.- Sitamarhi.

2.

Chinta Singh @ Chintaharan Singh Son of Ambika Singh Resident of Village - Madthawa, P.S.- Riga, Dist.- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 34 of the Indian Penal Code and 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 7 litres 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 made by the local residents. The name of local residents, who have named the petitioners, has not been

Patna High Court CR. MISC. No.60983 of 2019(3) dt.16-11-2019 2/2 disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 7 liters wine is recovered from the motorcycle in question. 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) with two sureties of the like amount each to the satisfaction of learned A.D.J.-2-cumSpecial Judge, Excise, Sitamarhi in connection with Punaura P.S. Case No. 110/2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.