Patna High CourtCR. MISC./36428/2018bail granted

Nawal Singh And ORS v. The State Of Bihar

2018-07-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36428 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- PURAINI District- Madhepura ======================================================

1. Nawal Singh, S/o Late Radhe Singh

2. Kumod Singh, S/o Nawal Singh

3. Shashi Singh S/o Nawal Singh All R/o Village- Devi Das Tola, P.S.- Puraini, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 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(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 80.155 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal and there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired as the alleged recovery is made from the joint house of the petitioners where the other family members also reside. Except for this, there is no other

Patna High Court Cr.Misc. No.36428 of 2018(3) dt.13-07-2018 2/2 substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 80.155 liters wine is recovered from the joint house of 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.

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 Additional District & Sessions Judge III, Madhepura in connection with Puraini P.S. case No.37 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T