Kabutari Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62262 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -BUNIADGANJ District- GAYA ======================================================

1. Kabutari Devi W/o Manoj Manjhi

2. Lalit Manjhi S/o Late Barat Manjhi Both Resident of village- Manpur Surya Pokhar, P.S.- Buniyadganj, District- Gaya .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

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

The prosecution story, in brief, is that total 30 litres of liquor is said to have been 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 name of the petitioners has come on the basis of confession of co-accused, as per the F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court Cr.Misc. No.62262 of 2017 (2) dt.08-01-2018 2/2 petitioners in this case. It is alleged that total 30 litres of liquor is recovered. 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 of the 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 Buniyadganj P.S. case No.153/2017, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T